Comparison of Different Types of Car Searches
|
|
Automobile Exception Search |
Belton Search |
Long Search |
|
Where police may search in the car |
Anywhere in the car |
Passenger compartment only |
Passenger compartment only |
|
Level of suspicion required in order to search the car |
Probable cause to think there is contraband or evidence of a crime in the car |
No suspicion is required as the search – probable cause to arrest is required |
Reasonable suspicion to think someone in the car is armed and dangerous |
|
What the police may search for |
Whatever they have probable cause to think they will find in the car |
Weapons and evidence of a crime – any crime (not just the one for which the defendant was arrested) |
Weapons only |
|
What containers can be searched |
Only those containers that could reasonably contain the thing the police have probable cause to search for |
Virtually any container. Some doubt about locked glove compartments and consoles and the like |
Only those containers that could reasonably contain a weapon |