Supreme Court of the United States · 1991 · Criminal Procedure
Fourth Amendmentautomobile exceptioncontainerprobable causewarrantless searchautomobile exceptionclosed containerpaper bag
Facts
Police learned that a package containing marijuana had been delivered to an apartment in Santa Ana. After surveillance, officers saw Acevedo enter the apartment, leave about 10 minutes later carrying a full brown paper bag about the size of one of the wrapped marijuana packages, place it in the trunk of his car, and drive away. Officers stopped the car, opened the trunk and the bag without a warrant, and found marijuana. The California Court of Appeal concluded the officers had probable cause as to the bag but not as to the entire car.
Issue
Whether the Fourth Amendment requires police to obtain a warrant before opening a closed container found in a movable vehicle when they have probable cause to believe the container contains contraband, but not probable cause to search the entire vehicle.
Rule
Police may search without a warrant a container found in an automobile when they have probable cause to believe that the container holds contraband or evidence. The scope of the permissible search is defined by the object of the search and the places in which there is probable cause to believe it may be found, not by the character of the container.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Phoenix, detectives watched Lena Ortiz leave a warehouse under narcotics surveillance carrying a taped shoebox. Based on an informant's tip and the officers' observations, they had probable cause to believe the shoebox contained methamphetamine, but no reason to think anything else in Lena's sedan contained contraband. Lena placed the shoebox on the back seat and drove away.
After stopping the sedan on a public street, may the detectives open the shoebox without a warrant?
Explanation. The majority adopted a single rule for containers in automobiles: if police have probable cause to believe a container in a vehicle holds contraband or evidence, they may search that container without a warrant. The former distinction between probable cause aimed at the whole car and probable cause aimed only at a container in the car was rejected. Because probable cause here is directed at the shoebox in the sedan, opening that box is permissible without a warrant.