Vehicle Searches
Vehicle Searches
Security is paramount in every state. The police have the mandate to ensure that law and order are maintained. Notably, they go to the extent of conducting the vehicle search. However, the police should provide reasons as to why they should carry out a search.
On the other hand, the other searches require warranties, but the vehicle search is often warrantless. According to Carroll v. the United States, it stipulates that a vehicle may be searched. Similarly, a moving vehicle has the potentiality of allowing them to obtain warranty.
In other cases, the police may proceed to do the search only after arrest. However, this only occurs where the police suspect that the vehicle may have contraband. Vehicle search is different from another search because of the need to define the probable cause (Parpworth, 2014, p. 234). The fourth amendment guides the searches. The amendment in the American constitution restricts the unlawful seizures and searches. Ideally, the unwarranted searches are unconstitutional. Exclusionary Clause bars the use of evidence obtained through unwarranted search, but the vehicle search does not inherently require the consent of the person suspected.
The vehicle search is considered exigent circumstance. This is because pf the mobility nature of the vehicle, hence it is recommended that an immediate action is always required. This is also referred to as automobile exception. Further, the police must show proof that the vehicle was in motion (Parpworth, 2014, p. 243).
Conversely, the body search is deemed essential since it may be necessary to disarm the person for the security of the police and the public. The inventory search can be conducted when the car is impounded in search for evidence.
References
Parpworth, N. (2014). Reforming Police Powers of Stop And Search: Voluntary Action. The Police Journal, 87(4), 234-244. doi:10.1350/pojo.2014.87.4.677
