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