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Cartoon and Annotations Detailing the Carroll Doctrine
Before the Carroll Doctrine…
Frame 1: At 1:37 am on a back road outside of Los Angeles, Henry Swick gets pulled over for speeding as he is leaving a high crime neighborhood, driving a car previously used in drug trades. Frame 2: When Henry rolls down the window, smoke billows out of the window, indicating a hot boxed car. Officer Lacey detects the scent of marijuana in the smoke but continues to issue a ticket for speeding. ***This allows the cop to establish probable cause, based on three pieces of evidence: the hot boxed car and use of marijuana, the association with the known criminal car, and the neighborhood where the car was fleeing from.*** Frame 3: The police permits Henry go, based on the 4th Amendment which states he cannot search the car without a warrant. Frame 4: The policeman goes to the courthouse on Monday morning to obtain a warrant from the judge, to search Henry’s car. Frame 5: Officer Lacey returns to the back road to wait for the distinguishable car and Henry to return so Lacey can search the car. Frame 6: After realizing that Henry probably would not be returning, Officer Lacey makes a motion to exempt the necessity of a search warrant for cars due to their mobility car and the impracticality of obtaining a search warrant for an uncommonly used county road. |
During the prohibition when alcohol was illegal, George Carrol and John Kiro were bootleggers and producers of banned whiskey. They were transporting their whiskey from Detroit to Grand Rapids, Michigan. Law enforcements gathered enough evidence of the illegal exchanges and established probable cause against the bootleggers.
One night, police pursued the vehicle and pulled the men over. At the time, the fourth amendment protected the vehicle from being searched without a warrant. However, the police searched the car and discovered 69 quarts of gin and whiskey in the back seat. Though they clearly had violated the gentleman’s fourth Amendment rights, they discovered enough evidence to arrest the men for breaking the law.
The court then upheld the decision and the Carroll Doctrine was established under a few guidelines. The court decided that if there was probable cause to search the vehicle, the officers could proceed as if they had a warrant due to the inconvenience of obtaining a warrant for a motor vehicle.
One night, police pursued the vehicle and pulled the men over. At the time, the fourth amendment protected the vehicle from being searched without a warrant. However, the police searched the car and discovered 69 quarts of gin and whiskey in the back seat. Though they clearly had violated the gentleman’s fourth Amendment rights, they discovered enough evidence to arrest the men for breaking the law.
The court then upheld the decision and the Carroll Doctrine was established under a few guidelines. The court decided that if there was probable cause to search the vehicle, the officers could proceed as if they had a warrant due to the inconvenience of obtaining a warrant for a motor vehicle.
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My Contact Information: [email protected]
Updated on 9.2.14
My Contact Information: [email protected]
Updated on 9.2.14