California v carney. California v. Carney, 471 U.S. 386 2022-10-14
California v carney
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California v. Carney, 471 U.S. 386
The California Supreme Court reversed, holding that the search of the motor home was unreasonable and that the motor vehicle exception to the warrant requirement of the Fourth Amendment did not apply, because expectations of privacy in a motor home are more like those in a dwelling than in an automobile. A subsequent search of the motor home at the police station revealed additional marihuana in the cupboards and refrigerator. Million, 120 Two State Supreme Courts have upheld the warrantless search of mobile homes in transit, notwithstanding a claim of heightened privacy interests. After his motion to suppress the evidence discovered in the motor home was denied, respondent was convicted in California Superior Court on a plea of nolo contendere. When the youth left the motor home, the agents followed and stopped him. Clark, United States v. In United States v.
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California v. Carney Case Brief
Philibosian, Chief Assistant Attorney General, Daniel J. It is so ordered. However, given the time of day and the location of defendant's vehicle, the officers reasonably could assume that it was then being used primarily, predominantly and principally for transportation uses. The Superior Court also rejected the claim, holding that there was probable cause to arrest respondent, that the search of the motor home was authorized under the automobile exception to the Fourth Amendment's warrant requirement, and that the motor home itself could be seized without a warrant as an instrumentality of the crime. After unsuccessful motions to suppress evidence seized from his motor home, defendant pleaded nolo contendere and was granted probation. Given the nature of an automobile in transit, the Court recognized that an immediate intrusion is necessary if police officers are to secure the illicit substance.
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California v Carney
With him on the briefs were John K. Carney answered the door and then stepped outside. We have applied the exception in the context of a locked car trunk, Cady v. This rule, created by courts shortly after the invention of the automobile and commonly called the automobile exception, is in place because motorized vehicles are mobile and can be quickly moved from jurisdiction to jurisdiction, thwarting the enforcement of criminal laws. In all of the other cases, defendants challenged warrantless searches for vehicles claiming either no probable cause or the absence of exigency under Coolidge v.
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Analyses of California v. Carney, 471 U.S. 386
Williams, with assistance from other agents, kept the motor home under surveillance for the entire one and one-quarter hours that Carney and the youth remained inside. In some cases, the configuration of the vehicle contributed to the lower expectations of privacy; for example, we held in Cardwell v. Opperman, Chambers, for example, commenting on the rationale for the vehicle exception, we noted that "the opportunity to search is fleeting since a car is readily movable. If that search is to be upheld, it is the state's burden to show that it falls within one of the "few carefully circumscribed and jealously guarded exceptions" People v. Moreover, to fail to apply the exception to vehicles such as a motor home would ignore the fact that a motor home lends itself easily to use as an instrument of illicit drug traffic or other illegal activity. The breadth of this Court's mandate counsels greater patience before we offer our binding judgment on the meaning of the Constitution. The youth accompanied Carney to a Dodge Mini Motor Home parked in a nearby lot.
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California v. Carney
Felton; and for the State of Minnesota et al. There is no search warrant requirement for a motor vehicle as there would be for a more permanent structure such as a home or building, due to the inherent lower expectation of privacy for a motor vehicle. Analogizing to automobile cases, the court upheld the warrantless search of an oceangoing ship while in transit. More recently, in United States v. One agent, suspicious of the association between the car and the motor home, returned to the motor home, which had moved in the interim, and arrested its occupants.
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CALIFORNIA v. CARNEY
As a general rule, such places may only be searched with a warrant based upon probable cause. First and foremost, unlike an automobile the primary function of a motor home is not transportation. Warrantless searches of motor homes are only reasonable when the motor home is traveling on the public streets or highways, or when exigent circumstances otherwise require an immediate search without the expenditure of time necessary to obtain a warrant. I fully agree that definitions are difficult and that those who "reside" or "live" in a motorized vehicle have a heightened expectation of privacy, but broad generalizations are not useful. Without further percolation, there is ordinarily little reason to believe that the issue is one of recurring national significance. When a motor home is parked in a location that is removed from the public highway, I believe that society is prepared to recognize that the expectations of privacy within it are not unlike the expectations one has in a fixed dwelling.
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CALIFORNIA, Petitioner v. Charles R. CARNEY.
A subsequent search of the motor home at the police station revealed additional marihuana, and respondent was charged with possession of marihuana for sale. At a preliminary hearing, he moved to suppress the evidence discovered in the motor home. The agents identified themselves as law enforcement officers. Carney and the youth closed the window shades in the motor home, including one across the front window. It is, or should be, an important working part of our machinery of government, operating as a matter of course to check the "well-intentioned but mistakenly overzealous executive officers" who are a part of any system of law enforcement'. First, the vehicle is readily mobile, and, second, there is a reduced expectation of privacy stemming from the pervasive regulation of vehicles capable of traveling on highways. The motor home in this case, however, was designed to accommodate a breadth of ordinary everyday living.
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California v. Carney, 471 U.S. 386 (1985)
The agents thus had abundant probable cause to enter and search the vehicle for evidence of a crime notwithstanding its possible use as a dwelling place. Here, of course, we are concerned with the reasonableness of the search, not the seizure. In essence, the People contend that the WeTip letter sufficiently justified a reasonable belief that other suspects might be present. Agents stopped the youth when he left the motor home, and the youth stated he had received marijuana in return for allowing Carney sexual contact. By promoting the Supreme Court of the United States as the High Magistrate for every warrantless search and seizure, this practice has burdened the argument docket with cases presenting fact-bound errors of minimal significance.
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California v. Carney, No. 83
This is one justification for the absence of intercircuit stare decisis. Opperman, supra, at 367. Our prior cases teach us that inherent mobility is not a sufficient justification for the fashioning of an exception to the warrant requirement, especially in the face of heightened expectations of privacy in the location searched. Schraer filed a brief for the California State Public Defender as amicus curiae urging affirmance. The youth accompanied Carney to a Dodge Mini Motor Home parked in a nearby lot. Horowitz, and Kathleen A.
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People v. Carney (1983) :: :: Supreme Court of California Decisions :: California Case Law :: California Law :: US Law :: Justia
I On May 31, 1979, Drug Enforcement Agency Agent Robert Williams watched respondent, Charles Carney, approach At the agents' request, the youth returned to the motor home and knocked on its door; Carney stepped out. Respondent urges us to distinguish his vehicle from other vehicles within the exception because it was capable of functioning as a home. New York, United States v. Respondent appealed from the order placing him on probation. What precisely are "motor homes"? New Hampshire, 403 U.
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