Maryland vehicle search incident to arrest

Your lawyer will scrutinize every aspect of the traffic stop and ensuing search and can work aggressively to have any damaging evidence obtained illegally by police suppressed, or banned, from the legal proceedings against you. If an officer asks to search your vehicle, say no.

8th Circuit Case Clarifies Scope in Vehicle Searches Incident to Arrest

If an officer asks an individual to search their vehicle, the answer should always be no. People have a right to remain free from unreasonable searches and seizures. When an officer asks their permission, the right answer is no.

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A DUI charge alone carries significant penalties and consequences such as fines, suspended licenses, and time in jail. You do not need the situation compounded by having an officer discover other illegal or questionable items inside of your vehicle.

Search Incident To Arrest a Fourth Amendment Update

When you take the steps to protect your rights by securing all of your personal belongings out of view, you can avoid an officer having an excuse to establish probable cause for a search of your entire vehicle. This can save you a good deal of frustration and potential consequences in the long run, helping to minimize the penalties that you may face.

Oleg Fastovsky Maryland criminal defense group. Maryland DUI and Vehicle Searches In order to for a police officer in Maryland to search your vehicle they must establish probable cause. By Debra Cassens Weiss. Changing marijuana laws may be destroying probable cause that police officers use to justify some kinds of searches.

Retrieving Your Car After a Maryland DUI Arrest

The latest evidence is an Aug. The officers knew that the joint contained less than 10 grams of marijuana, a civil offense in the state, yet they arrested Michael Pacheco and searched him, discovering cocaine in his pocket, the Maryland Court of Appeals said. Pacheco was sitting alone in his car outside a laundromat in Wheaton, Maryland, in May when the officers detected the smell. The state high court noted that there are two exceptions to the Fourth Amendment requirement that police get a warrant before conducting a search.

They tried to stop Carroll but lost sight of him. Two months later agents observed Carroll and his accomplice on the same roadway and they conducted a stop. The United States Supreme Court held that if police officers have probable cause to believe that evidence of a crime is being transported in a vehicle, the vehicle may be searched without a search warrant. Thus, the Supreme Court upheld the search in this case because 1 they found that the agent had probable cause to believe that Carroll and his accomplice had illegal liquor in the vehicle and 2 due to the mobile nature of a vehicle, it could be moved out of the jurisdiction if the agents took the time to obtain a warrant.

Looking at the facts in the most basic manner so that they may be applied to situations officers encounter today we have the following:. In this case, officers received a description of a vehicle as well as a clothing description of suspects that were involved in an armed robbery. About an hour after the robbery the police stopped a car that met the description which was carrying suspects that met the clothing description of the robbers. The suspects were arrested and the car was taken to the police station.

The police then conducted a warrantless search of the car at the police station and found two guns, ammunition, and property that had been taken in the robbery. The Supreme Court held stated the following:. The court reasoned that there was little difference between seizing a vehicle without a warrant and holding it until a warrant is obtained and simply searching the vehicle without a warrant.

Again, looking to the core facts of the case that offer guidance to police in everyday situations, we have the following:. Thus, the court upheld the warrantless search on the above facts because the search was based upon probable cause to believe that the vehicle, which the Court still viewed as being mobile, contained evidence of the crime of armed robbery.

Legal Digest: Searches of Motor Vehicles Incident to Arrest in a Post-Gant World — LEB

Police officers arrived and directed White to park his car. The officers arrested White and took him to the police station. The police questioned White for about 45 minutes and requested consent to search his car. White refused to consent. The searched yielded evidence of the forged checks. The trial judge found that the officers had probable cause to arrest White and probable cause to search his car. White was convicted.

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Constitution, reversed the conviction because the evidence obtained from the car was obtained without a search warrant. In Chambers v. Maroney we held that police officers with probable cause to search an automobile on the scene where it was stopped could constitutionally do so later at the station house without first obtaining warrant.

In each case the actual exigency was gone because the vehicles driver was under arrest and the vehicle was in police custody.

Still, the United States Supreme Court upheld each warrantless search. The police stopped Ross, searched his vehicle without a warrant and found a gun and heroin. They then transported Ross and his car to the police station and searched the trunk again without a warrant.


  1. Federal & Maryland Search & Seizure Laws - Houlon Berman.
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  3. Md. high court: Burnt-marijuana smell does not justify arrest, search – Maryland Daily Record;
  4. Maryland TSRP August Blog: Search of Vehicle Incident to DUI Arrest.

They found zippered red leather pouch and opened it. The Supreme Court upheld the search and defined the scope of a warrantless search of an automobile based upon probable cause. During an inventory of the vehicle, incident to the impound, the officer found a two bags of marijuana in the glove compartment. A second officer then searched the car based upon the probable cause provided from finding the marijuana during the inventory.

A gun was found in an air vent. It is important to note that this warrantless search took place when the police had custody of the vehicle, thus the defendant did not have the means to move the vehicle. In interpreting the 4th Amendment to the U. The United States Supreme Court held the following:. We firmly reiterated this holding in Texas v. Here, the Supreme Court seems to expressly reject the contention that when police have immobilized a car, they must obtain a warrant because there is little likelihood that the car could be driven away while the police obtain a warrant.


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A similar case also occurred in Florida. His car was searched without a warrant based upon probable cause at the scene and several items were seized.

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