The automobile exception is a united states legal concept for determining whether the fourth amendment protection of “persons, houses, papers, and effects” covers automobiles. it was established in carroll v. u.s., 267 u.s. 132 (1925). the court found that vehicles are “effects.”
when using this general definition of an automobile exception to particular cases, one must also consider the provisions of article i section 8 clause 17 of the constitution stating “congress shall have power…to regulate commerce with foreign nations and among the several states.” however some courts seem to tacitly recognize this clause while refusing to cite it explicitly in favor of their interpretations like united states v commercio-espinoza
what is the motor vehicle exception?
doctrinally, the “motor vehicle exception” comes into play when law enforcement officers are executing a search warrant on private property that falls within an extended perimeter set out by the police. the extended perimeter is usually captured in what is known as ‘the outside ten yard rule,’ which states that once an officer reaches the 10-yard mark from the target location of a search warrant, he may act pursuant to law. this means he may execute his duties without first securing permission from either the owner or occupant of the premises. notwithstanding this general rule, there are still considerations for motor vehicles that fall within their path of pursuit—even if they belong to one of these two parties—that can waive their protection
what are exceptions to the 4th amendment?
the 4th amendment establishes the right to be free from unreasonable search and seizure, but there are exceptions.
the fourth amendment prohibits searches without a warrant, but offers some exceptions. for example, if someone is under arrest or if someone consents to allow law enforcement into their home, then officers don't need a warrant before searching the premises. however, it's important not to consent just because an officer says they have other evidence that will help their case should the police find anything illegal during the search of your property- while not required by law at all times for this specific situation in particular, it's never wrong to refuse permission for any other occasions while protecting your rights!
are cars protected under the fourth amendment?
the fourth amendment does not provide a right of privacy.
the text applies to “persons, houses, papers, and effects,” which is interpreted by some courts as referring only to one's person. therefore the issue is brought down to one of what constitutes an “effect.” in most cases there is argument whether a car falls under the definition of an effect according to fourth amendment law.
in most jurisdictions it is assumed that cars are included in this definition, but there have been many exceptions reached due to numerous possible interpretations between “effect” and “car.”
since it has been argued that a vehicle could technically be considered personal property for these purposes instead of an effect covered in the fourth amendment. the supreme court has
what is mobile conveyance?
mobile conveyance is the act of transporting, or conveying, an item by means that are either in motion or not in permanent contact with the item. this can be accomplished through carrying it in one's hands, over ones shoulder, utilizing a wheeled conveyance such as a handcar or forklift to push it along its desired path.
there are many ways to accomplish mobile conveyance depending on your area of interest and available equipment; but generally speaking there are three main types- manual (human), weight bearing (wheelbarrow) and powered (forklift truck). these offer different benefits based on the situation you're dealing with- for instance any humans using manual methods will need to take breaks periodically which can contribute to fatigue
