Fourth Amendment -- Warrantless Search Of Packages Seized From An Automobile: United States v. Johns, 105 S. Ct. 881 (1985).
In: Journal of Criminal Law & Criminology, Jg. 76 (1985), S. 933
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I. INTRODUCTION In United States v. Johns, 1 the Supreme Court held that the warrantless search of packages which were lawfully seized in a valid automobile search and stored in a Drug Enforcement Administration warehouse for three days did not violate the warrant requirement of the fourth amendment. 2 The Court's holding broadens the exception to the fourth amendment warrant requirement for the search of packages that was set out in United States v. Ross. 3 In Ross, the Court held that the search of packages 4 found in the course of a valid automobile search would not require a warrant where the police had reason to believe that the packages concealed the object of the probable cause search. The Ross decision was grounded in the practical considerations that justify the warrantless search of an automobile. 5 The Court reasoned that the exigent circumstances which have traditionally justified the warrantless search of an automobile also justify the warrantless search of the packages found within the automobile, since to hold otherwise would undermine the purpose of the automobile exception. 6 By extending the Ross exception to the facts in Johns, the Court has indicated that the warrantless search of packages found in automobiles, like the warrantless search of automobiles themselves, will not be deemed unreasonable merely because of a delay between the seizure of the packages and their subsequent search. 7 This Note argues that the majority's reasoning in Johns was misguided. The Court failed to adhere to a cardinal principle ...
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Fourth Amendment -- Warrantless Search Of Packages Seized From An Automobile: United States v. Johns, 105 S. Ct. 881 (1985).
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Zeitschrift: | Journal of Criminal Law & Criminology, Jg. 76 (1985), S. 933 |
Veröffentlichung: | 1985 |
Medientyp: | academicJournal |
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