Page 159 - Original 2020 Legal Guide By Jack Ryan

Task: Search of Vehicle Based on Probable Cause

Maryland v. Dyson, 527 U.S. 465 (1999).

Where an officer has probable cause to believe that a vehicle

contains evidence or contraband and the vehicle is capable of being

moved; the officer may make a warrantless search of the vehicle.

See also, Pennsylvania v. Labron, 518 U.S. 938 (1996).

• Officers will need a warrant in cases where the vehicle is located on

private property unless exigent circumstances to enter the property

exists.

• Capable of movement does not mean that the car is presently

occupied, merely means that the vehicle can be driven off by the

turn of a key.

©2020 Jack Ryan Legal & Liability Risk Management Institute 158