Is a search warrant unnecessary to search a vehicle where there is probable cause to believe that the operator is guilty of a crime rather than merely a simple traffic infraction?

"New York", United States of America

The following excerpt is from People v. McClam, 2015 NY Slip Op 50435 (U) (N.Y. Dist. Ct. 2015):

"Similarly, a warrant is unnecessary to search the operator of the vehicle where there is probable cause to believe that he is guilty of a crime, rather than merely a simple traffic infraction' (citation omitted)." People v. Chestnut, 43 AD2d 260, 351 N.Y.S.2d 26, 28 (3rd Dept. 1974) aff'd 36 NY2d 971, 377 N.Y.S.2d 564 (1975) See also: People v. Virges, 118 AD3d 1445, 987 N.Y.S.2d

Page 8

Other Questions


When a search warrant is issued based upon information from a "informant", is the search warrant based upon "probable cause" to believe that contraband or evidence is located in particular place? (MultiRegion, United States of America)
Can a court grant immunity from liability for search and seizure damages to a police officer who reasonably but mistakenly believed that he had reasonable cause or probable cause to search? (MultiRegion, United States of America)
If we conclude that the warrant supporting the search was supported by probable cause, should the search be limited to the scope of the search? (MultiRegion, United States of America)
Does the fact that a search warrant can be obtained without a judicial review of probable cause change the nature of the search warrant? (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)
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)
Can a search warrant be issued for a suspect's home based only upon probable cause that the suspect was guilty of the underlying crime? (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)
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)
Is there probable cause to search a vehicle parked outside the searched residence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.