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| mobility makes it impracticable to get a warrant. |
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| accepts the lesser expectation of privacy rationale in conjunction with the mobility rationale to justify warrantless search of vehicle. |
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| PC to search cars: police had PC to believe robbers were in light blue car carrying four men, etc. officers had PC to stop car and search it. (no warrant required). |
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| PC search of containers in cars: police may search a container in car and need not hold container pending search warrant, even though they lacked PC to search vehicle as whole and only had PC for container. |
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| inventory searches of cars: even if no reasonable suspicion, if the driver is seized (and car not in driveway or garage) the state may seize the car and thoroughly search it for inventory purposes without a warrant. |
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latitude in searching containers: although standardized procedure must regulate opening of containers, officers may be allowed sufficient latitude to determine whether to open a particular container.
(thus while policies of opening all (or opening none) are permissible, it is equally permissible to allow officers to exercise judgment). |
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forfeitable contraband: 4A does not require police to obtain warrant before seizing car from public place when they had PC to believe it was forfeitable contraband.
(they lacked PC to believe car contained contraband, but they had PC to believe the car itself was contraband). seized from public area |
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| full search of car not allowed for speech citation. |
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(1)traffic stop is a seizure of driver and passenger as soon as the car stops, for the duration of the stop.
(2)**officers may terry frisk any passengers (as well as driver) for weapons during traffic stop if officers have reasonable suspicion the passenger may be armed and dangerous. |
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| canine sniff not a search. allowed during traffic stop if it doesn't extend the time of the stop beyond what is necessary to issue ticket. |
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| consent to search after concluding initial basis for stop does not violate 4A |
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| allows protective sweep of passenger compartment of stopped car. |
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ordering driver out of car during traffic stop is reasonable (notwithstanding that officers did not suspect foul play at the time)
bulge in pocket then permitted officer to conclude D was armed and thus justifying a pat-down. |
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| extends mimms to allow ordering passengers out of car too. |
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| passenger seized as soon as car comes to a stop because reasonable passenger would not believe they were free to go; thus passenger has standing to challenge stop. |
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| officers may arrest motorist for traffic violation, does not violate 4A, thus does not require exclusion. |
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subjective motivations: reasonableness does not depend on actual motivations of the individual officers; (temp detention of motorist who police have PC to believe committed traffic offense does not violate 4A regardless of whether a reasonable officer would been motivated to make the stop);
***balancing in 4A inquiry does not require court to weigh governmental and individual interests implicated in traffic stop. |
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racial profiling: rejected dictum suggesting that in making a terry stop of a person suspected of being an illegal alien the person's hispanic appearance could be considered.
(however, if characteristic of suspect includes race, the race can be a factor) |
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| The offense establishing probable cause need not be closely related to the offense the arresting officer identifies at the time of arrest. |
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