Which statement about the vehicle exception to the Fourth Amendment is true?

Which statement about the vehicle exception to the Fourth Amendment is true?

• A. It applies only if a warrant is obtained first
• B. It permits warrantless search of a stationary vehicle in a driveway
• C. It requires probable cause to search a vehicle, regardless of mobility
• D. It allows warrantless search of a readily movable vehicle with probable cause to believe contraband is inside

Answer: (D)

The main idea is that the automobile (vehicle) exception allows warrantless searches of a vehicle when there is probable cause to believe it contains contraband, because the vehicle’s mobility creates a risk that evidence could be moved or hidden otherwise. This is why the best choice states that a warrantless search is permitted of a readily movable vehicle with probable cause to believe contraband is inside. If the car can be readily moved, police may search it on probable cause without a warrant, typically right there at the scene. Why the other ideas aren’t correct: the exception does not require a warrant to be obtained first, so searching with a warrant in advance isn’t the rule. It isn’t limited to stationary vehicles in a driveway; the key factor is the vehicle’s mobility. And while probable cause is essential, mobility is part of the condition that allows the warrantless search; saying it’s required regardless of mobility ignores the mobility-based rationale.

The main idea is that the automobile (vehicle) exception allows warrantless searches of a vehicle when there is probable cause to believe it contains contraband, because the vehicle’s mobility creates a risk that evidence could be moved or hidden otherwise.

This is why the best choice states that a warrantless search is permitted of a readily movable vehicle with probable cause to believe contraband is inside. If the car can be readily moved, police may search it on probable cause without a warrant, typically right there at the scene.

Why the other ideas aren’t correct: the exception does not require a warrant to be obtained first, so searching with a warrant in advance isn’t the rule. It isn’t limited to stationary vehicles in a driveway; the key factor is the vehicle’s mobility. And while probable cause is essential, mobility is part of the condition that allows the warrantless search; saying it’s required regardless of mobility ignores the mobility-based rationale.