Automobile

Automobile in the United States

Automobile and the Constitution

The Court has long had difficulty applying the 4th Amendment to automobiles. It has several times held that an officer needs no warrant to search an automobile, a boat, an airplane, or some other vehicle, when there is probable cause to believe that it is involved in illegal activities. This is because such a “movable scene of crime” could disappear while a warrant was being sought.

Carroll v. United States, 1925, is an early leading case on the point. There, the Court emphasized that “where the securing of a warrant is reasonably practicable it must be used…. In cases where seizure is impossible except without a warrant, the seizing officer acts unlawfully and at his peril unless he can show the court probable cause.”

The Court overturned a long string of automobile search cases in 1991. Before then, it had several times held that a warrant was usually needed to search a glove compartment, a paper bag, luggage, or other “closed containers” in an -automobile. But, in California v. Acevedo, 1991, the Court set out what it called “one clear-cut rule to govern automobile searches.” Whenever police lawfully stop a car, they do not need a warrant to search anything in that vehicle that they have reason to believe holds evidence of a crime. “Anything” includes a passenger’s belopgings, Wyoming v. Houghton, 1999.

Most recently, the Court has held that after police make a routine traffic stop, they do not need a warrant when they use a trained dog to sniff around (search) the outside of a car for narcotics. Police may proceed without a warrant even if, before they made the stop, they had no reason to believe that there was anything illegal in the vehicle, Illinois v. Caballes, 2005.

Automobile expenses and Tax Law

There are more details about Automobile expenses in the tax compilation of the legal Encyclopedia.

“Permissive” Use of Automobile—Delegation of Permission to Second Permittee

This section discusses generally the subject of “Permissive” Use of Automobile—Delegation of Permission to Second Permittee, how to determine the facts essential to “Permissive” Use of Automobile—Delegation of Permission to Second Permittee, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

“Permissive” Use of Automobile—Use Within Scope of Permission Granted

This section discusses generally the subject of “Permissive” Use of Automobile—Use Within Scope of Permission Granted, how to determine the facts essential to “Permissive” Use of Automobile—Use Within Scope of Permission Granted, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.


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