tailieunhanh - Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P46

Gale Encyclopedia of American Law Volume 1 P46 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 438 AUTOMOBILE SEARCHES exception as it applied not only to automobiles but also to containers found in automobiles to mobile homes and to sobriety checkpoints. For several decades the Court rarely cited Carroll in vehicle-search cases. Instead it relied on the search-incident-to-arrest doctrine which allowed the police to search without a warrant the areas surrounding an arrest site. Originally the police could search areas that were outside the control of the arrested person. See . Harris v. Stephens 361 888 8th Cir. 1966 cert. denied 386 . 964 1967 in which the Court let stand a ruling by the . Court of Appeals for the Eighth Circuit that the search of a car parked in a driveway while the suspect was arrested at the front door of his house was valid. However the Court restricted the search-incident-to-arrest standard in Chimel v. California 395 . 752 89 S. Ct. 2034 23 L. Ed. 2d 685 1969 which held that a warrantless search must be limited to the area within the immediate control of the arrestee. After the Chimel decision the Court abandoned this line of reasoning and returned to the probable-cause-accompanied-by-exigent-circumstances rationale in Carroll. In Chambers v. Maroney 399 . 42 90 S. Ct. 1975 26 L. Ed. 2d 419 1970 the justices found that Carroll supported a warrantless search of an impounded car. They based this finding on the theory that had the search been conducted at the time of the arrest it would have been valid because of the exigent circumstances that existed at that time. The fact that the car was impounded and therefore immobile by the time the search was conducted did not affect the Court s decision. A year later in Coolidge v. New Hampshire 403 . 443 91 S. Ct. 2022 29 L. Ed. 2d 564 1971 plurality opinion the Court held that a search conducted with a warrant that was later found to be invalid fell outside of the automobile exception. The Court stated that the police in Coolidge could not have legally conducted a .