Summarize the requirements for a valid automobile search. What ...

[codyclark]

Summarize the requirements for a valid automobile search.
 
  What will be an ideal response?

Question 2

One of the essential elements of a constitutional plain view seizure is that ___________________ ___________________ ___________________ ________.
 
  Fill in the blank(s) with correct word

[ansleighelindsey]

Answer to Question 1

Under current case law, the police are permitted wide latitude in conducting traffic stops.The police may stop a car based on the belief that a crime has been committed, which includes any traffic violation (Whren v. United States, 517 U.S. 806 1996). In addition, once a person has been stopped, the officer may order him or her to stand outside the vehicle without any justification (Maryland v. Wilson, 519 U.S. 408 1997). The police may also engage in searches with consent (Ohio v. Robinette, 519 U.S. 33 1996), seize items that are in plain view (Horton v. California, 496 U.S. 128 1990), frisk the driver and/or search the passenger compartment of the vehicle out of concerns for safety (Michigan v. Long, 463 U.S. 1032 1983), and search the entire car if probable cause to arrest and/or search is developed (Belton, 453 U.S. 454). Finally, police are not required to provide the Miranda warnings when asking questions pursuant to a routine vehicle stop (Miranda v. Arizona, 384 U.S. 436 1966).

Answer to Question 2

(1 ) the plain view must be based on a prior justified search, OR (b) the contraband
nature of the evidence must be immediately apparent