How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask hocuspocusme Your Own Question
hocuspocusme, USA Legal
Category: Criminal Law
Satisfied Customers: 466
Experience:  If you are satisfied, please press the accept button so I will be paid for my time and services.
Type Your Criminal Law Question Here...
hocuspocusme is online now
A new question is answered every 9 seconds

What is the probable cause law as far as automobile searches

This answer was rated:

What is the probable cause law as far as automobile searches are concerned. Is a search warrant required or not?
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 8 years ago.
Someone made a phone call thinking they saw illegal activity but did not see what they thought they did.
So it was a tip and the police stopped the vehicle on a tip. ?
Customer: replied 8 years ago.
It was parked in a public location
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 and 4 other Criminal Law Specialists are ready to help you