Sunday, January 13, 2019

California v. Acevedo case brief

California v. Acevedo case brief summary

Facts of the Case:

Agent Coleman was informed by police in Hawaii that a package was going to be sent there with weed inside. The police sent the package and they followed the guy who picked it up to his apartment.

While one officer went to get a warrant, the police saw Acevedo walk to his car and place a brown bag into the drunk. They feared that evidence would be lost so they stopped him and searched the car without a warrant

Carroll: 

A warrantless search of an automobile-based upon probable cause to believe the vehicle contained evidence of a crime in light if exigency is permissible

Sanders:

You don’t get to search a closed container just because it ends up in a car.

Ross:

If the police have probable cause to search a car they have probable cause to search all of the containers within.

Analysis:
If officers have probable cause they can search an automobile and closed containers inside the car. Probable cause may pertain to only the closed container it need not pertain to the entire car

However, their search must be limited to that specific container, unless they have probable cause that the car itself contains contraband too.

If there is probable cause either to the car or the container you may search without a warrant

Chadwick:

If this happened after Acevedo the second the closed container touches the car, they have probable cause to search the container

Overruled Sanders

Acevedo rule: Chadwick was right with regard to containers in the world, but once a container is inside of a car, it is like a car.

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1 comment:

  1. I like cases like this one, where there is real world lessons for people. This is the kind of stuff that I really like about being a law student. Yet, many people have no idea about this stuff, and they let the police get their grimy little fingers everywhere without probable cause and it mucks everything up. If there is no probable cause, don't let the cops search your stuff!

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