ABSTRACT

Also falling under the automobile exception are the searches of people who are stopped in an automobile. As with vehicle searches, searches of occupants in vehicles are excluded from the warrant requirement because motor vehicles are mobile and can be driven away at any time, making obtaining a warrant impractical. Such searches do not need a warrant, but probable cause must be present or the search is invalid. The leading cases briefed in this chapter on searches of people in vehicles are Florida v. Bostick, Whren v. United States, Ohio v. Robinette, and Brendlin v. California.