Under what circumstances will a search warrant be used to search a vehicle without a warrant?
The following excerpt is from U.S. v. Klein, 860 F.2d 1489 (9th Cir. 1988):
Two principles underlie that exception. First, automobiles have historically been subject to "pervasive regulation", California v. Carney, 471 U.S. 386, 392, 105 S.Ct. 2066, 2069, 85 L.Ed.2d 406 (1985); see also Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925) (reduced privacy expectations in an automobile). Second, "[t]he mobility of automobiles ... 'creates circumstances of such exigency that, as a practical necessity, rigorous enforcement of the warrant requirement is
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If probable cause exists for seizure of contraband, "an immediate intrusion is necessary" as a result of "the nature of an automobile in transit...." United States v. Ross, 456 U.S. 798, 806, 102 S.Ct. 2157, 2163, 72 L.Ed.2d 572 (1982). Appellant's automobile was suspected of carrying contraband and was in transit out of the jurisdiction. Under such circumstances, a warrantless search of appellant's vehicle was necessary. Id. at 806-07, 102 S.Ct. at 2163. 6
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