Automobile exception - sustany/dvg GitHub Wiki

The�"automobile exception" is an exception to the general requirement of a�warrant�for�searches and seizures�under the�Fourth Amendment. �Under the exception, a vehicle may be�searched�without a�warrant�when evidence or�contraband�may possibly be removed from the scene due to the mobility of a vehicle such that it is not practical to secure a�warrant�without jeopardizing the potential evidence.

For instance, the automobile exception allows an officer to make a�warrantless�traffic stop�and�search�a truck of a vehicle�when gun parts were observed in�plain view�on the front seat of the vehicle.�

Notably, the automobile exception applies to all types of automobiles and the vehicle does not need to be in operation for the exception to apply. For example, the automobile exception has been found to apply to parked motor homes.�

Nonetheless, while the automobile exception grants a police officer the right to search a vehicle, that right is not absolute. The Supreme Court held that a lockbox or other container within a vehicle cannot be searched without a warrant unless there exists separate probable cause to believe contraband is hidden within them.�