Sunday, January 13, 2019

California v. Acevedo case brief

    1. California v. Acevedo case brief summary

      1. Agent Coleman was informed from 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.
      2. While one officer went to get a warrant, 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
      3. Carroll
        1. 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
      4. Sanders
        1. You don’t get to search a closed container because it ends up in a car
      5. Ross
        1. If the police have probable cause to search a car they have probable cause to search all of the containers within
      6. 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
        1. However, their search must be limited to that specific container, unless they have probable cause that the car itself contains contraband too.
        2. If there is probable cause either to the car or the container you may search without a warrant
        3. Chadwick- if this happened after Acevedo the second the closed container touches the car, they have probable cause to search the container
      7. Overruled Sanders
Acevedo rule: Chadwick was right with regard to containers in the world, but once it is in a car it is like a car.

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