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What is the probable cause law as far as automobile searches

Resolved Question:

What is the probable cause law as far as automobile searches are concerned. Is a search warrant required or not?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  hocuspocusme replied 5 years ago.
If you are stopped in your automobile and the officer believes there is probable cause to search the vehicle to keep the safety then he can search. What is the situation? A search warrant is not required if it is to keep the safety.

The motor vehicle exception was first established by the United States Supreme Court in 1925, in Carroll v. United States. [1] The motor vehicle exception allows an officer to search a vehicle without a warrant as long as he or she has probable cause to believe that evidence or contraband is located in the vehicle.[2]

Customer: replied 5 years ago.
Someone made a phone call thinking they saw illegal activity but did not see what they thought they did.
Expert:  hocuspocusme replied 5 years ago.
So it was a tip and the police stopped the vehicle on a tip. ?
Customer: replied 5 years ago.
It was parked in a public location
Expert:  hocuspocusme replied 5 years ago.
Court of Appeals Case, No. 96051, State of Kansas v. Eric McCaddon, it was found that in analyzing the validity of a stop, the risks to the publc that would occur if an immediate stop is not conducted must be weighed against the right of an individual to be free from such stops. An anonymous tip may not be sufficient to justify a safety stop where the risk to the public is not urgent. Opinion filed on June 13, 2008
hocuspocusme, USA Legal
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