{"id":7600,"date":"2023-10-27T15:55:15","date_gmt":"2023-10-27T15:55:15","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7600"},"modified":"2026-09-17T06:14:37","modified_gmt":"2026-09-17T13:14:37","slug":"what-is-the-motor-vehicle-exception","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7600","title":{"rendered":"What is the Motor Vehicle Exception?"},"content":{"rendered":"

The automobile, or motor vehicle exception allows officers to search cars for evidence, contraband, and fruits or instrumentalities of crimes without a search warrant. When you ask cops, \u201cWhat does it take to search these cars?\u201d Many of them will just say, \u201cProbable cause.\u201d\u00a0 Well, let’s be technical,<\/p>\n

Technically, legally, there are four factors to consider.<\/p>\n

How much probable cause do you need to search a car?<\/h2>\n

Probable cause<\/a>; what probable cause did you have to search the vehicle?\u00a0 And it only takes a fair probability that evidence will be found in the car, not absolute certainty.<\/p>\n

Can you search a car parked on curtilage?<\/h2>\n

Not on curtilage<\/a>.\u00a0 If the vehicle is on curtilage, you need something above and beyond the motor vehicle exception to search the car.\u00a0 So for example, if you have probable cause that a car in the back yard has evidence of stolen property inside it, you cannot go into that backyard and search that car under the motor vehicle exception.\u00a0 You need something else, such as the homeowner\u2019s consent, or exigency.\u00a0 Let’s say for example, the person is about to get into the car and drive away.\u00a0 That seems like you have exigency.\u00a0 So you stop the car, detain it, and search it or go get a warrant.<\/p>\n

Does the car actually have to run?<\/h2>\n

Apparently mobile.\u00a0 Now what this means is that the vehicle appears likely that it can run and drive.\u00a0 But it doesn’t mean that it actually has to be able to run and drive right this second.\u00a0 So for example, if the car has a flat tire, a dead battery or needs gas, then you can still search it.\u00a0 If AAA can get that car moving, then you can search it on the automobile exception.\u00a0 What about the situation where you search the car, but find out later that there was no way it was going to run?\u00a0 For instance, you didn’t know that it was missing a carburetor.\u00a0 Well, that’s not on you.\u00a0 You’re not mechanics.\u00a0 You don’t have to do an inspection of a car to see if it can run before you do a search.\u00a0 So, as long as you reasonably believed that the car could run, or could run with little or no repair, it’s searchable according to the motor vehicle exception.<\/p>\n

How far can you search inside the car?<\/h2>\n

And finally, the last element is you can only search the car in the same manner as if a judge had given you a warrant.\u00a0 What this means is, if instead of searching with a warrant, what would a warrantless search allow?\u00a0 Well, whatever search was permitted by a judge is the same search that you can do in a motor vehicle exception. So if you’re looking for a stolen MacBook Pro in a car, where would you look?\u00a0 Under the seat or in the trunk, yes.\u00a0 Backpack, eyeglass case, no.\u00a0 What about the engine compartment?\u00a0 Probably not, unless you have some other facts or circumstances indicating that they put it there.<\/p>\n

What are the four elements of the motor vehicle exception?<\/h2>\n

So let\u2019s wrap up the four elements of the motor vehicle search: probable cause, not on curtilage, apparently mobile with little or no repair, and finally, your search was conducted in the same manner as if you had a warrant.\u00a0 That’s what you would need in order to search an automobile.<\/p>\n

Related from Blue to Gold<\/h2>\n