The following excerpt is from People v. Brukner, 2015 NY Slip Op 25434 (N.Y. 2015):
Under the Fourth Amendment of the United States Constitution, a search conducted without a warrant is per se unreasonable unless one of the established exceptions2 applies, and one such exception is the so-called "automobile exception" under which law enforcement may search a vehicle without a warrant when they possess both probable cause to arrest at least one of the occupants and probable cause to believe that evidence of a crime will be found. People v. Langen, 60 NY2d 170 (1983). Elimination of the search warrant requirement in these cases has been justified both by the mobility of vehicles (i.e., the inherent risk that evidence or contraband will disappear if the search is delayed), and by the diminished expectation of privacy held by those who occupy motor vehicles.
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