MBE Rules · Criminal Procedure

Warrant exception — automobile

Carroll

The rule

Police with probable cause that a vehicle contains contraband or evidence may search the vehicle and any containers within that could hold the object of the search, without a warrant. Justification: mobility and reduced expectation of privacy.

In plain English

If police think there's illegal stuff in a car, they can search it and any containers inside without needing a warrant, because cars can quickly drive away.

Worked example

Officer A stops the defendant's car for speeding and smells marijuana. Believing there's more inside, Officer A searches the trunk and finds illegal drugs. The search is valid without a warrant.

Memory hook

Carroll's Car Clause: Probable cause, no pause. If cops think contraband's in your car, they can search sans warrant.

The trap

Students think: Any car stop allows a search. Wrong, because probable cause is required. The actual test is if there's probable cause for contraband.

How examiners test it

The MBE loves: traffic stop + suspicious item in view. Trap: students assume all stops justify searches. Key: probable cause for specific contraband needed.

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