37.7k views
0 votes
An officer who has probable cause to believe that contraband or other evidence of a crime is in an apparently operable motor vehicle that is in a public area may conduct a warrantless search of any part of the vehicle that could contain the object of the search.

1) True
2) False

User Tavnab
by
7.4k points

1 Answer

3 votes

Final answer:

The statement is True; an officer with probable cause can search an operable motor vehicle in a public area without a warrant.

Step-by-step explanation:

The statement that an officer who has probable cause to believe that contraband or other evidence of a crime is in an apparently operable motor vehicle that is in a public area may conduct a warrantless search of any part of the vehicle that could contain the object of the search is True.

This is based on legal standards established by the courts, particularly when it comes to automobiles. The justification for the exception is due to the inherent mobility of vehicles and the potential that the contraband or evidence could be moved out of the jurisdiction before a warrant is obtained.

Moreover, the Fourth Amendment protects individuals from unreasonable searches and seizures and dictates that no warrants shall issue without probable cause. However, the Supreme Court has recognized exceptions to this rule, including the circumstances where there is a lack of a "reasonable expectation of privacy," such as in vehicles on public roads. Additionally, if law enforcement has reasonable suspicion of immediate criminal activity or exigent circumstances, they are permitted to perform a search without a warrant.

User Tim Jacobs
by
6.9k points