Charles E. Moylan, Associate Judge of the Maryland Court of Special Appeals, discusses the fourth amendment exception incorporated in the Carroll Doctrine, which permits warrantless automobile searches. Any result we achieve on a client’s behalf does not necessarily mean similar results for other clients. Then, a lawyer might help you to decide whether you search was legal, or not. In Criminal law, Carroll doctrine refers to a principle that permits a police officer to search an entire motor vehicle and any containers inside it if there is probable cause to believe the vehicle contains contraband or the fruits, instrumentalities or evidence of criminal activity. . Carroll created the constitutional difference between searches of dwellings and vehicles. But you’re wondering how this happened? . The name comes from the case Carroll v. Making Sense of the Revocation, LDP’s, and Your Options, Commercial Driver License Suspension Disqualification, Jury Trial Strategy in Superior Court DWI Cases. For example, illegal substances in a house remain in place until discovery. Specifically, they focus in on the ability of cars to drive away quickly. The exigency for this type of search arises from the mobility of the automobile, which sets cars or any other mobile vehicles apart from the constitutionally protected, immobile threshold of the home. Since the case of Chimel in 1969, in a period of restricted interpretation of search incident, other cases have contributed to the fleshing out of the Carroll Doctrine, defining the perimeters of warrantless search in terms of sections of the vehicle or police relocation of the vehicle. Injury & Criminal Attorneys, All Rights Reserved. The document referenced below is part of the NCJRS Virtual Library collection. American Association of Premier DUI Attorneys (2015) State Ambassador for NC, America’s Top 100 Criminal Defense Attorneys (2017), National Academy of Criminal Defense Attorneys (2014), SC Workers Compensation Educational Association (1989), NC DWI Laws What to do if stopped for Drunk Driving Breathalyzer Refusal Implied Consent Lies Breath Testing “Science” CDL and DWI Alcohol Content of Drinks Ballantyne DWI Arrest | Mecklenburg DUI Lawyers Implied Consent Re-Advisement | Charlotte DUI Lawyers Charlotte DWI Task ForceNC License Revocation Issues After DWI | Charlotte DUI Attorneys, Charlotte Office Concord DWI Driverless Cars DUI Limited Driving Privilege DMW Appeal Hearing Penalties DWI Sentencing Loss of License Ignition Interlock DWI Penalties and Sentencing Automobile Insurance After DWI DMV Issues Following DWI Arrest, License Revoked? Therefore, in some situations, a warrant is not needed. The Carroll Doctrine: Setting the Stage for Warrant-less Searches This case took place during the prohibition era, when alcohol was illegal. They court understood that many, many people drive on public highways daily. Before you know it, you find yourself handcuffed, under arrest, and police are searching your vehicle. Because the scope of search incident law was broad, the Carroll Doctrine remained undeveloped in ensuing decades. And when did it become legal for them to search your vehicle without a warrant? 1958). In this case, police were aware of an alcohol dealer by the name of George Carroll, and therefore set up an undercover alcohol purchase in order to bust him. For documents not available online, a link to the publisher's website is provided. This case took place during the prohibition era, when alcohol was illegal. However, illegal substances in a car travel wherever the car goes. But what is the law? Can police search without a warrant? Automobiles; Right of privacy; Rules of evidence; Search and seizure laws; Warrantless search. The exception to the search warrant requirement established in Carroll v. United States is still applied to this day. *This document is currently unavailable from NCJRS. U.S. Supreme Court March 2, 1925 267 U.S. 132 (The Genesis of what we know today as the Carroll Doctrine or the Automobile Exception to the 4thAmendment Search Warrant Rule. Carroll v. United States No. The rule is commonly known as the Carroll Doctrine. The name comes from the case Carroll v. United States, 267 U.S. 132 (U.S. 1925) a prohibition era case. So, if you believe that, according to the Carroll Doctrine, you were party to an unlawful search— speak with an attorney as soon as possible. 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