Does a search warrant need to search the vehicle of a drug dealer?

MultiRegion, United States of America

The following excerpt is from U.S. v. Elliott, 322 F.3d 710 (9th Cir. 2003):

More importantly, we faced a very similar issue in United States v. Spearman, 532 F.2d 132, 133 (9th Cir.1976). In Spearman, police sought a warrant to search the defendant's automobile. The affidavit stated that the defendant had engaged in drug-related activity at his apartment, however, there was no specific information that drugs were ever in the defendant's automobile. The affidavit stated, as in this case, that "[i]t is commonplace for dealers of heroin to have heroin that is packaged for sale in the place where they live or sell from, in their vehicles or on their persons." Id. We held that "the magistrate was justified in inferring probable cause that Spearman would also have heroin concealed in his automobile." Id.

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