Ep #333: Does community caretaking allow you to seize a gun in plain view?

2 years ago
3

📌 “The Court’s previous recognition of the distinction between motor vehicles and dwelling places leads us to conclude that the type of caretaking search conducted here of a vehicle that was neither in the custody nor on the premises of its owner, and that had been placed where it was by virtue of lawful police action, was not unreasonable solely because a warrant had not been obtained. … Where, as here, the trunk of an automobile, which the officer reasonably believed to contain a gun, was vulnerable to intrusion by vandals, we hold that the search was not unreasonable within the meaning of the Fourth and Fourteenth Amendments.”
- Cady v. Dombrowski, 413 U.S. 433, 447–48, 93 S. Ct. 2523, 37 L. Ed. 2d 706 (1973).

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