Does a search warrant need to be obtained to search a vehicle after an arrest?

MultiRegion, United States of America

The following excerpt is from United States v. Babilonia, 854 F.3d 163 (2nd Cir. 2017):

In addition, law enforcement officers taking a vehicle into custody after an arrest may search it and inventory its contents "without need for a search warrant and without regard to whether there is probable cause to suspect that the vehicle contains contraband or evidence of criminal conduct." United States v. Lopez , 547 F.3d 364, 369 (2d Cir. 2008). Thus, after a lawful arrest (for example, after a traffic violation) where a search incident to arrest is not justified, evidence recovered from an immediately ensuing search may be admissible nevertheless "if the contents would inevitably have been discovered in a permissible inventory search."

[854 F.3d 179]

United States v. Perea , 986 F.2d 633, 644 (2d Cir. 1993).

Other Questions


Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant under a warrant for search warrants where the affidavit contains misrepresentations or omissions? (MultiRegion, United States of America)
What is the test for obtaining a conventional warrant for a second search warrant based on information obtained from a surreptitious search? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
In what circumstances will a search warrant be used to search a vehicle and a house in what circumstances was the search warrant issued? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for search warrants for searches of electronic cigarettes and electronic cigarettes? (MultiRegion, United States of America)
What is the test for obtaining a search warrant for a federal search warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.