Automobile Exception

Rule

Police may search an automobile without a warrant if there is probable cause to believe that the vehicle contains contraband or evidence of a crime. The ready mobility of vehicles and the reduced expectation of privacy in automobiles justify the exception.

Elements / Test

1. Probable cause to believe vehicle contains contraband or evidence of a crime
2. Lawful stop or contact with the vehicle
3. Scope of the search extends to any part of the vehicle and any container within the vehicle where the object of the search might be concealed (United States v. Ross)

Containers within automobiles:

• If probable cause justifies search of the car, it justifies search of every part including containers (Ross)
• If probable cause is specifically directed at a container inside the car, police may search that container even without probable cause to search the whole car (California v. Acevedo)
• Passengers’ belongings: police with probable cause to search the car may inspect passengers’ belongings that could conceal the object of the search (Wyoming v. Houghton)

Timing: Exigent circumstances are determined at the time the automobile is seized, not when it is searched; vehicle may be moved to police custody before searching (Chambers v. Maroney)

Exceptions

• The automobile exception does not apply to a citation-only stop — cannot search the car if only issuing a ticket, not arresting (Knowles v. Iowa)
• Body search of a passenger requires separate probable cause (United States v. Di Re)
• A warrant is still required to search a cell phone found in a car (Riley v. California)

Policy

Vehicles have reduced expectations of privacy because they travel on public roads, are subject to pervasive regulation, and can quickly be moved out of the jurisdiction before a warrant can be obtained (Carroll v. United States). The mobility rationale supports acting without going to a magistrate, while the reduced-privacy rationale explains why no warrant is needed even when the vehicle is secured in police custody.

Key Cases

• Carroll v. United States — foundational automobile exception based on mobility and reduced privacy
• United States v. Ross — probable cause to search car extends to all containers within
• California v. Acevedo — probable cause directed at container inside car permits search of that container
• Wyoming v. Houghton — passengers’ belongings subject to search if capable of concealing object of search
• Arizona v. Gant — search incident to arrest of vehicle is narrower than automobile exception

Covered In

• Criminal Investigations