Moak: Criminal Justice Procedure, 8th Edition


Case Studies

Chapter 05: Exceptions to the Warrant Requirement: Automobile Searches

Police officers received a tip from a regular informant that a motor home parked outside of a convenience store was being used by a person to sell drugs. The man was known by the name of “CoCo.” The informant gave officers the location of the store and the motor home. Officers parked across the street and began to observe the motor home. After watching the motor home for 20 minutes, the officers observed two men enter the motor home. The door was shut and the shades were then closed on all of the windows. Approximately 5 minutes later one of the men left. After leaving, the officers stopped the man and questioned him. He confirmed that he had just purchased marijuana inside the motor home. The man was subsequently arrested. The officers then returned to observe the motor home. After about 30 minutes another man entered the motor home. About 5 minutes later, the same man exited the motor home. Officers followed the man. After stopping the second man, officer questioned him and discovered that he had also purchased marijuana inside of the motor home. The man was also arrested. At that point, the officers returned to the motor home and knocked on the door of the motor home. The same man the officers had seen enter the home earlier came to the door. The officers confirmed that the man went by the name of “CoCo.” After confirming the man’s identity, the officers searched the motor home and found a container of marijuana. The man was subsequently arrested the man for possession of a controlled substance and distribution.

Questions

  1. Which Amendment does this scenario pertain to and why?

    Correct Answer

    In this scenario, the officers searched a motor home. All searches are governed by the 4th Amendment.

  2. Did the search of the vehicle violate CoCo’s rights?

    Correct Answer

    No. According to the Supreme Court, motor homes fall under the exception to the warrant requirement and officers do not need a search warrant to conduct a search. In addition, the motor home was parked in a public place not on a private lot.

  3. Did officer’s need a warrant to search the container?

    Correct Answer

    No. Again, according to the Supreme Court the officers would have had enough probable cause to search the vehicle because of the previous observations made. Had the officers not observed the previous drug transactions, they may have needed a search warrant.

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