CONSENT SEARCHES

General. Law enforcement offi cers (LEOs) 

may conduct a warrantless search of a vehicle if an individual with actual or apparent authority voluntarily consents. In such cases, neither probable cause nor reasonable suspicion is required.Requirements.1) Voluntary consent2) From a person with actual or apparent authority.Scope. The scope of a consent search is defi ned by the consent given. An individual may limit the scope of consent or revoke it at any time. A LEO may ask for specifi c permission to search any area of a vehicle, including the passenger compartment, trunk, and any locked or unlocked container. If consent is given, a LEO may validly search those areas. When a suspect gives general permission for a LEO to search “the car,” a LEO may search that suspect’s unlocked containers located in the vehicle. However, general consent to search a vehicle does not reasonably allow a LEO to damage or destroy property. Upon encountering a locked container, a LEO should seek express permission to search that particular item. If the suspect consents, the search may proceed. If another person with authority to consent objects, however, LEOs may not use the consent exception to search.

TER

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General. A LEweapons if, dua reasonable ansuspect might bVehicles may acould be accesRequirementsLEO has reaso1) Criminal act2) An occupant and3) An occupant immediate acceScope. If facts believe that the and may gain ia LEO may “frentire passengeand any unlockcompartment. W“frisk” a lockea locked glove circuits allow timmediate acceareas from whiweapon while rear areas of ha

The Federal Law Enforcement Training CentersLegal DivisionGlynco, GA 31524 https://www.fl etc.gov/legal-resourcesMarch 2021

Searching Vehicles Without Warrants

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MOBILE CONVEYANCE 

(VEHICLE) EXCEPTION

INVENT

General. LEOof a lawfully imwarrant pursuapolicy. Neithesuspicion is nesearches to proLEOs against cor stolen propepotential dangRequirements1) The vehicle 2) The LEO’s  inventory p3) The search  terms.Scope. The lasearch is limitestandardized aan inventory sethan is reasonadangerous itemsafekeeping. Fsearches of patrunks, locked even engine costandardized in

KNOW YO

General. The mobile conveyance exception allows a LEO with probable cause to believe that a readily mobile conveyance contains evidence or contraband in it to search for that item without a warrant. Requirements. 1) LEO has lawful access to the conveyance, 2) The conveyance is readily mobile, and3) Probable cause exists to believe contraband or evidence of a crime is presently in the conveyance.Readily mobile means the vehicle is capable of ready movement, or of movement with only a minor repair or adjustment.Scope. When facts support probable cause to search a vehicle, a LEO may search every part of the vehicle and its contents including locked or unlocked containers capable of containing the object of the search. Additionally, a LEO with probable cause to believe that only a speci

fi c container in a vehicle contains 

evidence or contraband may stop that vehicle and search it to retrieve the container. Upon retrieving the container, a LEO may search it without a warrant. Such circumstances would not support a general search of the rest of the vehicle unless a LEO has additional facts showing probable cause to believe that evidence or contraband are also elsewhere in the vehicle. 

General. In April 2009, in Arizona v. Gant, 

the Supreme Court substantially limited the search of a vehicle incident to the arrest of a driver or passenger of that vehicle. Requirements.1) Arrestee recently occupied the vehicle,2) The search occurs substantially contemporaneous, or close in time and place, to the arrest, and3) Either a) the area was within suspect’s reaching distance at time of the search, or b) LEO has reasonable belief that evidence of the crime of arrest is in the vehicle.Scope. If a search incident to arrest of a vehicle’s occupant is permitted, LEOs may search the vehicle’s entire passenger compartment, including containers capable of containing evidence of the crime of arrest. Although the Supreme Court has not decided wither LEOs may search locked containers inside the passenger compartment, some lower federal courts have approved of searching locked containers as well. Ordinarily, however, searching inside a closed trunk is beyond the scope of a lawful search incident to an arrest.

SEARCH INCIDENT TO 

ARREST

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