United States v. Ross
Citation: 456 U.S. 798 (1982)
Facts
Officers stopped Ross’s car based on a tip that he was selling heroin from his car. They found a closed paper bag in the trunk containing heroin, and a pouch containing cash. The search was conducted without a warrant.
Issue
When police have probable cause to search a lawfully stopped vehicle, may they search closed containers found within the vehicle?
Holding
Yes. If police have probable cause to search a lawfully stopped vehicle, they may search every part of the vehicle and any containers found therein where the object of the search might be found.
Rule
Container search under automobile exception: When officers have probable cause to search a vehicle, the scope of the search extends to the entire vehicle — including closed containers — if the object of the search could be found there. The probable cause must be to search the vehicle (not necessarily the specific container); if so, any container reasonably likely to hold the contraband may be searched.
Significance
- Resolved a circuit split on whether the automobile exception permitted container searches
- Later narrowed in United States v. Chadwick and Arkansas v. Sanders (luggage requires warrant), but those cases were overruled by California v. Acevedo
- Acevedo synthesized Ross and earlier cases: if probable cause attaches to the vehicle, any container may be searched; if probable cause attaches only to a container, the container (but not the whole car) may be searched under the automobile exception
- Key to understanding the full scope of the automobile exception