Under the motor vehicle exception, which condition permits a warrantless search?

Under the motor vehicle exception, which condition permits a warrantless search?

• A. The vehicle is unattended
• B. The officer has probable cause to believe contraband is in the vehicle
• C. The driver consents
• D. There is an emergency

Answer: (B)

The motor vehicle exception rests on the idea that vehicles can be moved and privacy expectations are lower inside a car, so officers may search without a warrant if there is probable cause to believe contraband or evidence is present in the vehicle. Probable cause to believe contraband is in the vehicle is the exact trigger that permits this warrantless search, because it directly points to what the police are seeking and takes into account the vehicle’s mobility. The other situations don’t fit this particular rule: an unattended vehicle by itself doesn’t establish probable cause; consent would allow a warrantless search but is a different basis than the motor vehicle exception; and an emergency speaks to exigent circumstances, not the motor vehicle exception itself.

The motor vehicle exception rests on the idea that vehicles can be moved and privacy expectations are lower inside a car, so officers may search without a warrant if there is probable cause to believe contraband or evidence is present in the vehicle. Probable cause to believe contraband is in the vehicle is the exact trigger that permits this warrantless search, because it directly points to what the police are seeking and takes into account the vehicle’s mobility.

The other situations don’t fit this particular rule: an unattended vehicle by itself doesn’t establish probable cause; consent would allow a warrantless search but is a different basis than the motor vehicle exception; and an emergency speaks to exigent circumstances, not the motor vehicle exception itself.