Motor Vehicle Exception - Warrantless Search Explained
Once an
individual motorist has been pulled over and the police officer has probable
cause to search that particular vehicle a warrant will not be necessary in
order to actually search the vehicle. This is known as the Motor Vehicle
Exception to the Fourth Amendment’s requirement of a warrant for searches. The
reasoning for such a rule is because of the easy ability for a vehicle to be
readily mobile.
The rule
generally states that an officer is allowed to search all compartments and
areas of a vehicle, without the need for a warrant, if there is probable cause
to believe that the particular area to be searched contains contraband. This
can occur if the contraband is viewed in plain sight, meaning as the officer is
near the vehicle and sees the contraband then he or she will have probable
cause to search the vehicle. Moreover, this rule does not stop a police officer
from searching the passengers of the vehicle when the individual to be searched
has the ability to conceal or hold the suspected contraband.
Michigan law
explains that a police officer will have probable cause to search a vehicle if
he or she smells marijuana coming from the vehicle. However, it can and should
be argued that if a police searches the passenger compartment of a vehicle,
because he or she smelled burnt marijuana, yet did not discover any contraband
during the search then he or she may be precluded from searching the trunk
compartment of the vehicle. Michigan courts have yet to answer this specific
question; on the other hand, the United States Supreme court does have
precedent indicating that an officer may not continue to search when he or she
has come up empty handed.
Contact Josh Jones today. He has your back. He will explain the law to you, make sure you understand your rights, and will maintain any and all rights as allowed by the law.
PLEASE DO NOT RELY upon any of the information contained in this
article when trying to represent yourself. You should always consult with an
attorney before relying upon any written advice, article, blog etc.
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