MOTOR VEHICLE
SEARCHES
6-1
CHAPTER 6
MOTOR VEHICLE SEARCHES
I. GOVERNING PRINCIPLES
A. Your Rights
§6:01 Right to Privacy and to be Free From Trespass
§6:02 Right to Challenge Stop/Search – Standing
B. Overview of Law Governing Vehicle Stops
§6:03 General Rule: Reasonable Suspicion
§6:04 Anonymous Tipsters
C. Overview of Law Governing Search/Seizure of Vehicle and Occupants
§6:05 What Constitutes a “Seizure”?
§6:06 When is a Search Allowed?
[§§6:07-6:09 Reserved]
II. RIGHTS OF DRIVERS AND PASSENGERS IN VEHICLE STOPS
A. Governing Law
§6:10 Federal Law: All Persons in Vehicle Subject to Questioning and Detention
§6:11 State Law and Other Limits on Police Action
B. Sample Fact Pattern: Minor Non-Moving Violation
§6:12 Sample Direct Examination by Prosecutor
§6:13 Cross-Examination Issues and Strategy
§6:14 Sample Cross-Examination: No Specific Articulable Facts to Justify Pat Down
C. Variation on Fact Pattern: High-Crime Neighborhood and/or Late Night
§6:15 Sample Cross-Examination
§6:15.1 No Specific Information About this Vehicle
§6:15.2 No Specific Observation or Personal Knowledge of
Vehicle Occupants Involved in Criminal Activity
§6:16 Legal Argument at Motion Hearing
D. Variation on Fact Pattern: Prolonged Detention and Abandoned Property
§6:17 Sample Cross-Examination
§6:17.1 No Detection of Drugs before Abandonment
§6:17.2 Placement in Squad Constitutes Arrest
§6:17.3 Prolonged Detention
§6:18 Legal Argument at Motion Hearing
E. Sample Fact Pattern: Anonymous Tipster
§6:19 Sample Cross-Examination
§6:19.1 Caller Did Not Specif y Personal Observations of Intoxicated Driving
§6:19.2 Officer Did Not Observe Traffic Violation or Impaired Driving
§6:20 Sample Argument
[§§6:21-6:23 Reserved]
MOTOR VEHICLE
SEARCHES
Suppressing Criminal Evidence 6-2
III. TERRY FRISK OF CAR
A. Governing Principles
§6:24 Limited Search for Weapons
B. Common Fact Patterns
1. Moving Violation; Car Search; Concealed Carry Permit ted
§6:25 Sample Cross-Examination
§6:26 Legal Argument at Motion Hearing
2. Non-Criminal Traffic Violation: Drugs Found in Car
§6:27 Strategy
§6:28 Sample Cross-Examination
§6:28.1 Officer’s View from Police Squad Car
§6:28.2 Officer’s View Standing Next to Stopped Vehicle
3. Police Report Indicates Fur tive, Suspicious or Nervous Movement by Driver
§6:29 Strategy
§6:30 Sample Cross-Examination
§6:30.1 Limited View from Squad
§6:30.2 Innocuous Explanation for Movement
§6:30.3 Nervous Behavior
§6:30.4 Lack of Prior Record
[§§6:31-6:33 Reserved]
IV. VEHICLE SEARCHES INCIDENT TO ARREST
A. Governing Law
§6:34 Search of Passenger Compartment and Containers Within
B. Common Scenario
§6:35 Sample Fact Pattern
§6:36 Strategy
§6:37 Sample Cross-Examination
§6:37.1 Cer tainty of Arrest
§6:37.2 Safety Procedures when Making Arrest
§6:37.3 Availability and Security of Handcuffs
§6:37.4 Availability and Security of Squad
§6:37.5 Actions Violated Training and Department Procedures
§6:38 Legal Argument at Motion Hearing
[§6:39 Reserved]
V. “AUTOMOBILE EXCEPTION” TO WARRANT REQUIREMENT AND PROBABLE CAUSE
A. Governing Principles
§6:40 Probable Cause
§6:40.1 Vehicle Readily Mobile
§6:40.2 Automobile Exception Does Not Justify Warrantless Curtilage Entry
§6:41 Container Searches
B. Odor of Marijuana
§6:42 Governing Law
§6:43 In Practice: Challenging Search es Based on Marijuana Odor where Marijuana is Legal
§6:43.1 Cross-Examination of Officer
§6:43.2 Argument
§6:44 In Practice: Challenging Searches Based on Smell of Unburnt
Marijuana in Jurisdictions Where Marijuana is Illegal
§6:44.1 Sample Case Scenario
§6:44.2 Sample Cross Examination
§6:44.3 Argument
§6:45 Compare CBD and Delta 8 Products
[§6:46 Reserved]
MOTOR VEHICLE
SEARCHES
6-3 Motor Vehicle Searches
C. Dog Sniffs
1. Before the Motion Hearing
§6:47 Governing Law
§6:48 Common Fact Scenario
§6:49 Strategy
§6:50 Research the Dog and Handler
2. Cross-Examination of Dog Handler
§6:51 Lack of Double-Blind Testing
§6:51.1 Lack of Records Showing Error Rate in a Controlled Environment
§6:51.2 Certification Facility is Inadequate
§6:52 False Positive Alerts
§6:53 False Negative Alerts
§6:54 Dogs Less Accurate than Machines
§6:55 Drug Odors May Not be Recent
§6:56 Other Variables Affecting Dog’s Accuracy
§6:57 Varying Types of Alerts; Dog Departs from Past Practice
§6:58 Dog Responding to Handler’s Unconscious Cues
D. Extended Traffic Stops
§6:59 Prolonged Detention due to Dog Sniff
§6:59.1 Legal Issues
§6:59.2 Sample Cross-Examination
§6:60 Legal Issues re: Other Circumstances Resulting in Prolonged Detention
E. Traffic Checkpoints
§6:61 Governing Law
§6:62 Strategy
§6:63 Sample Fact Pattern
§6:64 Sample Cross-Examination
§6:64.1 Officer’s Actions
§6:64.2 Compare Officer’s Actions with Department Guidelines
§6:64.3 Prolonged Detention
§6:65 Legal Argument at Motion Hearing
[§§6:66-6:69 Reserved]
VI. COMMUNITY CARETAKER AND INVENTORY SEARCHES
A. Community Caretaker Searches
§6:70 Governing Law
§6:71 Sample Fact Pattern
§6:72 Sample Cross-Examination
§6:73 Sample Argument
B. Inventory Searches
§6:74 Governing Supreme Court and Federal Case Law
§6:75 Sample Fact Pattern
§6:76 Cross-Examination Strategy
§6:77 Sample Cross-Examination: Failure to Comply with Department Policies
§6:78 Additional Areas of Cross When Vehicle is Impounded
§6:78.1 Motive to Search Car
§6:78.2 Officer Unfamiliar with Department ’s Inventory Policy
§6:78.3 No Inventory Sheet
§6:78.4 Client Not Provided Inventory Sheet or Asked to Sign It
§6:79 Sample Argument
§6:80 Challenging Alleged Reason for Impoundment
§6:81 Sample Cross-Examination: No Reason To Impound Vehicle
§6:82 Challenging the Right of Vehicle Occupants to Remove Personal Property Before
Impoundment and Search
