Almeida-Sanchez v. United States
This article needs additional citations for verification. (November 2012) (Learn how and when to remove this template message)
|Almeida-Sanchez v. United States|
|Argued March 19, 28, 1973
Decided June 21, 1973
|Full case name||Almeida-Sanchez v. United States|
|Citations||413 U.S. 266 (more)
93 S. Ct. 2535; 37 L. Ed. 2d 596; 1973 U.S. LEXIS 44
|Prior history||Certiorari to the United States Court of Appeals for the Ninth Circuit|
|Searches of automobiles must still have probable cause even in the absence of a warrant.|
|Majority||Stewart, joined by Douglas, Brennan, Marshall, Powell|
|Dissent||White, joined by Burger, Blackmun, Rehnquist|
|U.S. Const. amend. IV|
This case involved the United States border patrol which conducted a search without warrant or probable cause. The vehicle was stopped and searched an automobile for illegal aliens twenty-five miles (40 km) from the Mexican border. The Court approached the search from two views: automobile search and border search. As to the validity of the search under the automobile exception, the Court found no justification for the search under the Carroll doctrine because there was no probable cause. The Court added that "the Carroll doctrine does not declare a field day for the police in searching automobiles. Automobile or no automobile, there must be probable cause for the search."
- "Almeida-Sanchez v. United States 413 U.S. 266 (1973)". Encyclopedia of the American Constitution. Gale. 2000. Retrieved August 14, 2012.
- Santana, Mark R. (1975). "Almeida-Sanchez and Its Progeny: The Developing Border Zone Search Law". Arizona Law Review. 17: 214.
|This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.|