Is there a difference between seizing and holding a car before presenting the probable cause issue to a magistrate and carrying out an immediate search without a warrant?

MultiRegion, United States of America

The following excerpt is from U.S. ex rel. Labelle v. Lavallee, 517 F.2d 750 (2nd Cir. 1975):

"For constitutional purposes, we see no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment."

Chambers v. Maroney, supra, 399 U.S. at 52, 90 S.Ct. at 1981.

The order of the district court is affirmed.

1 The warrants were subsequently held to be invalid. See Part II, infra.

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