Sunday, January 13, 2019

Chambers v. Maroney case brief

Chambers v. Maroney case brief summary

FACTS:

A service station was robbed. Two teenagers saw a blue station wagon and identified the men inside. The station wagon was stopped an hour later with the men matching the description. The car was taken to the police station and searched without a warrant and found two guns and the glove filled with coins. Their home was searched with a warrant

The police had probable cause to make the arrest

This is not a search incident to an arrest

Typically, courts have held once an accused is under arrest and in custody, the search made at another place without a warrant is not incident to the arrest

Because a car can be so easily moved, it may be searched on the highway without a warrant provided the police have probable cause that the car contains something they are entitled to seize. To be effective, such a search must occur immediately or the police at the very least must secure the car until they obtain a warrant to search it. Therefore, a warrantless seizure of the car is also permissible under the Fourth Amendment.

With these warrantless seizures based on probable cause, there is no practical difference between waiting for a warrant and simply searching the car absent a warrant because a judge will likely issue the warrant based on the probable cause. Therefore, no warrant is needed for the police to search a car that has been seized and brought to the police station based on probable cause.

We could’ve searched this there on the side of the road so because we searched it at the station doesn’t matter

Rule: can search without a warrant based on probable cause on the side of the road or at the station

1 comment:

  1. This is a good case that shows that probable cause leads to a search. Yet, remember kids that the cops need probable cause. A robbery is probable cause. A cop pulling you over because he doesn't like your Raider's bumper sticker is NOT! A cop thinking that you look suspicious because you remind him of his crazy cousin does not equal probable cause!

    Wake Up! More people need to understand these cases!!

    Man I just LOVE criminal law!

    ReplyDelete

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