California v. Acevedo
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Background
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1991 United States Supreme Court case
California v. Acevedo, 500 U.S. 565 (1991), was a decision of the United States Supreme Court , which interpreted the Carroll doctrine to provide one rule to govern all automobile searches. The Court stated, "The police may search an automobile and the containers within it where they have probable cause to believe contraband or evidence is contained." The decision also overruled the distinctions in _United States v. Chadwick _ (1977) and _Arkansas v. Sanders _ (1979) which had previously held that, if probable cause existed to search an automobile, the police may perform a warrantless search of the automobile and the containers within it, but if the police only had probable cause to search a container in the automobile, the police first had to obtain a warrant before searching the container.
It thereby confirmed _Carroll v. United States _ (1925), which held that a warrantless search of an automobile based upon probable cause to believe that the vehicle contained evidence of crime in the light of an exigency arising out of the vehicle's likely disappearance did not contravene the Fourth Amendment 's Warrant Clause.
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See also
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- _Arizona v. Gant _, 556 U.S. 332 (2009)
- United States v. Chadwick , 433 U.S. 1 (1977)
- Arkansas v. Sanders , 442 U.S. 753 (1979)
Further reading
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- Harlow, J. M. (1992). "California v. Acevedo: The Ominous March of a Loyal Foot Soldier". Louisiana Law Review. 52 (5): 1205–1266. ISSN 0024-6859 .
- Pizarro, G. A. (1992). "California v. Acevedo: The Emerging Role of Law Enforcement Officers: Acting as Magistrate". Criminal Justice Journal. 13 (2): 367–384. ISSN 1478-1387 .
- Tomkovicz, J. J. (1992). "California v. Acevedo: The Walls Close in on the Warrant Requirement". American Criminal Law Review. 29 (4): 1103–1177. ISSN 0164-0364 .
External links
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- Text of California v. Acevedo, 500 U.S. 565 (1991) is available from: Google Scholar Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)
United States Fourth Amendment case law
Scope of the Fourth Amendment
Definition of search
- _Boyd v. United States _ (1886)
- _United States v. Lee _ (1927)
- _Olmstead v. United States _ (1928)
- _Abel v. United States _ (1960)
- _Silverman v. United States _ (1961)
- _Katz v. United States _ (1967)
- _United States v. Knotts _ (1983)
- _United States v. Place _ (1983)
- _United States v. Karo _ (1984)
- _California v. Greenwood _ (1988)
- _Skinner v. Railway Labor Executives Ass'n _ (1989)
- _United States v. Verdugo-Urquidez _ (1990)
- _Bond v. United States _ (2000)
- _Kyllo v. United States _ (2001)
- _Illinois v. Caballes _ (2005)
- _United States v. Jones _ (2012)
- _Florida v. Jardines _ (2013)
- _Klayman v. Obama _ (D.D.C. 2013)
- _American Civil Liberties Union v. Clapper _ (D.D.C. 2013)
Definition of seizure
- _Counselman v. Hitchcock _ (1892)
- _Hale v. Henkel _ (1906)
- _Terry v. Ohio _ (1968)
- _United States v. Mendenhall _ (1980)
- _Florida v. Royer _ (1983)
- _INS v. Delgado _ (1984)
- _California v. Hodari D. _ (1991)
- _Florida v. Bostick _ (1991)
- _Soldal v. Cook County _ (1992)
- _United States v. Drayton _ (2002)
- _Brendlin v. California _ (2007)
- _Torres v. Madrid _ (2021)
Third-party entry
- _Wilson v. Layne _ (1999)
Fourth Amendment standing
- _Rakas v. Illinois _ (1978)
- _Byrd v. United States _ (2018)
Warrant requirement
- _Johnson v. United States _ (1948)
- _Franks v. Delaware _ (1978)
- _Ybarra v. Illinois _ (1979)
- _Maryland v. Garrison _ (1987)
- _United States v. Grubbs _ (2006)
- _Los Angeles County v. Rettelle _ (2006)
Exceptions to warrant requirement
Seizures
Remedies
Civil suit
Incorporation against States
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