Six Warrantless Vehicle Searches: Legal Framework and Litigation Strategies
1h 2m
Created on March 13, 2025
Intermediate
Overview
This program provides attorneys with an analysis of the six primary exceptions to the warrant requirement for vehicle searches under the Fourth Amendment. The discussion will focus on the legal justifications, key case law, and litigation strategies related to protective sweeps for weapons, searches incident to arrest under Arizona v. Gant, K9 sniffs, inventory searches, and probable cause searches.
Participants will gain a deeper understanding of how courts evaluate warrantless searches, the evidentiary challenges these searches may face, and best practices for defending or challenging them in litigation. This course is designed for criminal defense attorneys, prosecutors, and civil litigators who need to assess the legality of vehicle searches in pretrial motions and at trial.
Learning Objectives:
- Identify the six primary exceptions to the warrant requirement for vehicle searches and the legal justifications supporting each
- Analyze key case law, including Carroll v. United States, Arizona v. Gant, South Dakota v. Opperman, and Illinois v. Caballes, to assess how courts apply these exceptions
- Evaluate Fourth Amendment challenges to warrantless vehicle searches and develop litigation strategies for suppression motions
- Distinguish between valid inventory searches and pretextual searches conducted for investigatory purposes
- Assess the impact of K9 sniffs on vehicle searches and determine when a dog alert establishes probable cause
Credits
Faculty
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