Chambers v. Maroney, Correctional Superintendent

DOES IT PROTECT YOUR CAR

“The Fourth Amendment protects people, not places.”

Do the Police need a warrant to search your car?

Search incident to an arrest

Why the need for a Warrant

Court doesn’t want “only in the discretion of the police.”

Not incident to arrestNot hot pursuitNot pursuant to the

suspect’s consent.

Facts

Gas Station RobbedTwo Teenagers see a station wagon, identify

4 men, one with a green sweaterMatching car, 4 men, one green sweater

Issue

Whether evidence “seized from an automobile, in which petitioner was riding at the time of his arrest, after the automobile was taken to a police station and was there thoroughly searched without a warrant” is admissible.

Probable Cause.

Probable cause Because:

1.BELIEVE PETITIONER WAS A ROBBER

2.CARRYING GUNS3.FRUITS OF THE CRIME4.STATION WAGON5.FOUR MEN6.GREEN SWEATER

1. ANY TIME, ANY PLACE?

2. WHEN ARRESTED

3. PROBABLE CAUSE OF CONTENT IN CAR

4. AT THE STATION

5. AT THE STATION ONLY WITH A WARRANT

What do you think?

THE CAR IS DIFFERENT FROM THE HOME

Yes.