Almeida-Sanchez v. United States
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| 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 |
| Case history | |
| Prior | Certiorari to the United States Court of Appeals for the Ninth Circuit |
| Holding | |
| Searches of automobiles must still have probable cause even in the absence of a warrant. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stewart, joined by Douglas, Brennan, Marshall, Powell |
| Concurrence | Powell |
| Dissent | White, joined by Burger, Blackmun, Rehnquist |
| Laws applied | |
| U.S. Const. amend. IV | |
Almeida-Sanchez v. United States, 413 U.S. 266 (1973), was a United States Supreme Court case.
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 from the Mexican border. [1] 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."
References
- ^ "Almeida-Sanchez v. United States 413 U.S. 266 (1973)". Encyclopedia of the American Constitution. Gale. 2000. Retrieved August 14, 2012.
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