The Carroll Doctrine Case Study

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Is that a home or a vehicle?
Jenifer R. Roberts
Brown Mackie College

In this paper I will be discussing the Carroll doctrine. The range of the Carroll doctrine, and the basis of the doctrine. In this doctrine a cop has to have probable cause. This doctrine also falls under the Fourth Amendment. I will be informing you on what the law considers a readily automobile, what the officer will determine is a home, and when a home is a vehicle. The Carroll doctrine started in the case Carroll v the United States. The Carroll doctrine is a doctrine that has a warrantless search of a readily automobile. This doctrine is also considered as “the automatic mobile exception” (Ferdico, Fradella, & Totten, 2013). There are two …show more content…

When the cops impound a vehicle they have to take an inventory of what is in the vehicle for protection, legal responsibility, and usefulness. An impounded vehicle is in the police’s possession, and they move it to a safe location such as a garage, or the police lot. Exigent circumstances are when immediate action needs to be taken. When a cop pulls someone, and the officer needs to search the vehicle immediately and doesn’t have time for a search warrant to get there or be issued. If the vehicles driver or other passengers are going to destroy evidence, then the cop needs to get everyone out of the vehicle search them and the vehicle. It is the cop’s discernment and the cop has to have probable cause. Now the only thing that is needed is probable cause for a vehicle stop, this justifies a search and seizure on a vehicle. What is the difference between a home and a home that is considered a readily automobile? This is simple. These are the questions the court asks to determine whether it’s a home or vehicle. Where the vehicle is located at, is the vehicle able to move, is the vehicle licensed, is the vehicle hooked up to utilities, and does it have easy access to a road that is

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