The Automobile Exception: A Contradiction in Fourth Amendment Principles

Authors

Jean McCann Nathan

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

This Comment discusses the "automobile exception" to the Fourth Amendment warrant requirement. After reviewing the historical development of the exception, the author suggests that warrantless searches of vehicles are inconsistent with the values underlying the Fourth Amendment. The author concludes that, in the absence of a true exigency, warrantless searches of a vehicle should be prohibited, and that vehicles should instead be temporarily seized until a search warrant is secured.

Recommended Citation

Jean M. Nathan, The Automobile Exception: A Contradiction in Fourth Amendment Principles, 17 San Diego L. Rev. 933 (1980).
Available at: https://digital.sandiego.edu/sdlr/vol17/iss4/7