U.S. flag
      An official website of the United States government, Department of Justice.
        Here's how you know
      Here's how you know**Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
      **Secure .gov websites use HTTPS**
            
            A **lock** (
            A locked padlock
            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. Menu

      
        close

            
            
                                              About NIJ
        
                    
  
          About NIJ
      
    
          The NIJ Director
          How NIJ Is Organized
          Mission and Guiding Principles
          Research and Development Process
          Strategic Framework
          Assessments of NIJ
          Annual Reports & Reports to Congress
          Staff Directory
          Funding & Awards
        
                    
  
          Funding & Awards
      
    
          Current Funding
          Forthcoming Funding
          Expired Funding
          Awards: Listing of Funded Projects
          Guidance for Applicants and Awardees
          Fellowship & Student Programs
          Travel Scholarships
          NIJ Challenge Program
          Library & Multimedia
        
                    
  
          Library & Multimedia
      
    
          NIJ Journal
          Podcasts
          Publications Listing
          Multimedia Listing
          Rated Practices on CrimeSolutions
          Rated Programs on CrimeSolutions
          Software & Databases
          Datasets
          Patents
          Topics
        
                    
  
          Topics
      
    
          Article Listing
          Corrections
          Courts
          Crime Prevention
          Crimes
          Drugs and Crime
          Equipment and Technology
          Forensic Sciences
          Youth Justice
          Justice System Reform
          Law Enforcement
          Tribal Crime and Justice
          Victims of Crime
          Events
        
                    
  
          Events
      
    
          NIJ 2024 Research Conference
          Scheduled Events
          On-Demand Events
          Research Meetings & Workshops
          NIJ-Hosted Online Training

                            
                                About
          Contact Us
          Subscribe
          Topics A-Z
                  Share
FacebookXLinkedInRedditPinterestEmail Home
                            Library & Multimedia
 Warrentless Investigative Seizures and Searches of Automobiles and Their Contents and Occupants
NCJ Number
              97285

Date Published

January 1983
Length
              68 pages
Annotation
              The validity of warrantless searches of automobiles should be decided on a case by case basis; in addition, other alternatives should be considered to prevent unnecessary invasions of personal privacy.
Abstract
              Warrantless searches are permitted based on the automobile exception to the rule requiring a warrant for a search and seizure and in connection with a lawful arrest of a vehicle occupant. The validity of a search under the automobile exception should depend on probable cause regarding seizable items in the automobile and circumstances making it dangerous or impractical for the police to obtain a warrant. Warrantless searches occurring in connection with an arrest should depend on the reasonable chance that the arrested occupants could enter the automobile and seize a weapon or evidence before being taken to a police station or jail. Other alternatives could protect the police and the public as well as preserve evidence. Among these are authorizing police to handcuff all lawfully arrested occupants of an automobile, to lock the persons in a police vehicle, to temporarily lock any containers found in the automobile in the automobile's trunk or in a police vehicle, to lock the vehicle and have it towed to a police impoundment lot, and to have a police officer drive the vehicle to the impoundment lot. For searches conducted under the automobile exception, the standard adopted in the case of United States v. Ross should determine the validity of a warrantless search of a container. A total of 323 footnotes are supplied.
      
  
          Additional Details
Agencies
        NIJ-Sponsored
    
  
  
Date Published: January 1, 1983
    
          Downloads
        
                      *No download available*

Side navigation
  

        

  
  
              NIJ Journal
    
      
            
            
            
      Podcasts
    
      
            
            
            
      Publications Listing
    
      
            
            
            
      Multimedia Listing
    
      
            
            
            
      Rated Practices on CrimeSolutions
    
      
            
            
            
      Rated Programs on CrimeSolutions
    
      
            
            
            
      Software & Databases
    
      
            
            
            
      Datasets
    
      
            
            
            
      PatentsRelated Topics
        
                Search warrants
        Probable cause
        Right of privacy
        Automobiles
        Search and seizure



  
Similar Publications
        
                      Proactive monitoring and operator discretion: A systematic social observation of CCTV control room operations
                  Detectives’ Descriptions of Their Responses to Sexual Assault Cases and Victims: Assessing the Overlap Between Rape Myths and Focal Concerns
                  Michigan State Police Tests 1997 Patrol Vehicles
 Top

      National Institute of Justice

        
        
                        About NIJ
                    About NIJ
      
    
                  How NIJ Is Organized
      
    
                  NIJ Director
      
    
                  Research Disclaimer
      
    
                  Funding & Awards
                    Funding & Awards Home
      
    
                  Awards Listing
      
    
                  Current Funding
      
    
                  Guidance for Applicants and Awardees
      
    
                  Resources
                    Events
      
    
                  Podcasts
      
    
                  Publications
      
    
                  Topics
      
    
                  Multimedia
      
    
                  Reuse Policy
      
    
                  Contacts
                    Contact NIJ
      
    
                  Staff Directory
      
    
                  Submit a FOIA Request
      
    
                  File a Civil Rights ComplaintFacebook
          
                      X
          
                      YouTube
  

      810 7th St. NW, Washington, D.C. 20531
      
              Secondary Footer link menu
            Accessibility
              Plain Language
              Privacy Policy
              Legal Policies and Disclaimer
              No FEAR Act
              Freedom of Information Act
              USA.gov
              Justice.gov