California v. Acevedo - Summary Criminal Procedure: Investigating Crime PDF

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california v. acevedo case brief...

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California) v.)Acevedo Monday,+ October+ 31,+ 2016

2:34+ PM

• 1991 • Facts:+ ○ Officers+ see+Charles+ Acevedo+ enter+ an+apartment+ known+ to+contain+ several+ packages+ of+marijuana+ ○ See+ him+ leave+ short+ time+ later+carrying+ a+paper+ bag+about+ the+same+ size+ of+ one+ of+ the+packages ○ When+ he+puts+ the+bag+in+the+trunk+ of+ his+ car+and+ begins+ to+drive+ away,+ the+ officers+ stop+ the+car § Search+ the+ bag+and+find+ marijuana ○ Motion+ to+suppress+ the+marijuana+ as+evidence+ since+ there+was+ not+ warrant § Trial+court+ denied+ motion § Appeals+ reversed+ the+trial+court □ The+marijuana+ should+ have+ been+ suppressed+ as+evidence ® Supreme+ court+ previously+ ruled+ that+officers+ can+ thoroughly+ search+ an+automobile+ if+they+ have+ probable+ cause+ to+believe+ there+ is+evidence+ somewhere+ in+the+ vehicle+ (Ross) ◊ And+ also+ that+officers+ need+ a+warrant+to+search+ a+ closed+ container+ (Chadwick) • Issue:+ Under+ the+Fourth+ Amendment,+ may+ police+ conduct+ a+warrantless+ search+ of+ a+container+ within+ an+automobile+ if+they+ have+ probable+ cause+ to+believe+ that+ the+container+ holds+ evidence? • Holding: ○ Yes.+ ○ the+Court+ reversed+ the+Court+ of+ Appeal+ and+ruled+ that+the+"automobile+ exception"+ to+the+Fourth+ Amendment's+ general+ search-warrant+ requirement+ is+ broad+ enough+ to+cover+a+situation+ where+ the+police+ only+ have+ probable+ cause+ to+believe+ there+ is+ evidence+ in+ a+specific+ movable+ container+ within+ the+car.+ The+Court+ noted+ that+the+ warrant+requirement+ previously+ had+depended+ on+ a+"curious+ line+ between+ the+search+ of+an+ automobile+ that+coincidentally+ turns+ up+ a+container+ and+the+ search+ of+ a+

container+ that+coincidentally+ turns+ up+ in+ an+automobile."+ In+ place+ of+that+ uncertain+ distinction,+ ○ the+Court+ adopted+ a+single+ rule:+ "The+police+ may+ search+ an+automobile+ and+ the+containers+ within+ it+where+ they+ have+ probable+ cause+ to+believe+ contraband+ or+evidence+ is+contained."...