What is the current state of the law on the right to search a vehicle without a warrant?

California, United States of America


The following excerpt is from People v. Gurley, 100 Cal.Rptr. 407, 23 Cal.App.3d 536 (Cal. App. 1972):

In Chambers v. Maroney, supra, the court pointed out that given probable cause to believe that the vehicle contained articles which the officers were entitled to seize, '. . . if an effective search is to be made at any time, either the search must be made immediately without a warrant or the car itself must be seized and held without a warrant for whatever period is necessary to obtain a warrant for the search.' (399 U.S. at p. 51, fn. omitted, 90 S.Ct. p. 1981.) The court resolved this dilemma as follows: '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.' (Id., at p. 52, 90 S.Ct. p. 1981.)

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