Explain the rationale behind the Carroll
- Explain the rationale behind the Carroll
- Do the legal principles in this chapter apply to vehicles such as bicycles, rowboats, motor homes, trains, or airplanes?
- If a law enforcement officer has probable cause to believe a vehicle contains small concealable items, such as drugs, jewels, or rare coins, to what extent can he or she search the vehicle without a warrant under the Carroll doctrine? Can the upholstery be ripped open? Can the vehicle be dismantled? Can the tires be taken off to look inside them? Can pillows, radios, clothing, and other potential containers be dismantled or ripped apart?
- Who has standing to challenge the search of a motor vehicle by police? The stop of a motor vehicle? Would passengers ever have the ability to have evidence excluded that is found by police during a vehicle search?
- Do you agree that police should be able to search the personal belongings of vehicle occupants as part of a valid search under the automobile exception? Why or why not? Does the limitation that the container, or belonging, be able to hold the object of the search serve as a sufficient constraint on discretion by police officers in this area?
joyce
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