Do police officers have the right to search our car without a warrant? If so, how does this apply to our fourth amendment right?

How would this loophole be created where they are allowed to do this even though it appears to clearly violate our fourth amendment right?

Fresno, CA -

Attorney Answers (3)

Antoinette Cara Liewen

Antoinette Cara Liewen

Real Estate Attorney - Camarillo, CA
Answered

There are certain exceptions to the 4th Amendment created by case law -- exigency, destruction of evidence, ability to leave the scene, etc.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
Christopher Thomas DeMatteo

Christopher Thomas DeMatteo

Criminal Defense Attorney - New Haven, CT
Answered

Automobile exception to the warrant requirement, as established in Carroll v. United States in 1925. The police still must have probable cause (a warrant is court approval that probable cause exists) to search a vehicle. There are quite a few exceptions to the warrant requirement.

Rixon Charles Rafter III

Rixon Charles Rafter III

Litigation Lawyer - Fairfax, VA
Answered

Not a loophole, Supreme Court analysis and decision after a full review and understanding of the Founding Fathers' intent. The justices did not see it as 'clearly' violative, they found and cintinue to find certain searches reasonable.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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