The Case of California v. Carney

Paper Summary:

With its main focus on California v. Carney, this paper examines the "automobile exception" argument used to justify a warrantless search. The paper takes into account some of the prior major cases establishing the exception, as well as the cases decided afterwards.

From the Paper:

"The stop and search of motor vehicles has always created problems for law enforcement. Everyday they are required to sift through Fourth Amendment interpretations given by the United States Supreme Court, in order to justify their actions. This was exactly the case in California v. Carney 471 U.S. 386 (1985), where federal narcotics agents had conducted the warrantless search of Mr. Carney's motor home. The agents justified themselves by suggesting that their warrantless search fell within the "automobile exception;" whereas Carney maintained that the agents improperly searched his motor home, because they did not first obtain a warrant, which he claimed was required of them, because his motor home served as a residence, rather than an automobile. "

Sample of Sources Used:

• Del Carmen, R (2004). Criminal Procedure: Law and Practice.
• Hawkins, David C (1986). Nova Law Journal: If It Moves, Search It. Vol.10
• Israel, Kamisar, King, & LaFave (2005). Basic Criminal Procedure.
• Murphy, Edward G (1986). Northern Illinois University Law Review: Supreme Court Extends the Automobile Exception. Vol. 6

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