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Michigan v. Thomas: 458 US. 259, 73 L.Ed. 2d 750, 102 S.Ct. 3079 (1982)
Facts: a 14 year old was driving a car, owned by Thomas that was stopped for failure to use his turn signal. Open bottle ofmalt liquor was on the floor. Thomas = arrested for an open container. Driver was given a citation because he didn’t have a license. Took them to the patrol car, called a tow truck. Before the towtruck came, they searched the car found 2 bags of marijuana in the glove box. Found a loaded .38-caliber in a thorough search. Convicted for possession of a concealed weapon.
Issue: Is theright to search a car based on probable cause dependent on there being exigent circumstances that indicate the search must be done immediately?
Reasoning: they found contraband in the glove box sotherefore had probable cause to search elsewhere
Disposition: Conviction affirmed
Holding: probable cause to search entire vehicle even if there is no showing of exigent circumstances. (urgent)Chapter 5 vehicle searches
Searches of vehicles incident to arrest
Grounds/Basis for search: Lawful arrest
Scope of Search: person & passenger compartment of the car. (glove box, console)Preston v. United States (1963)
Search illegal because they were not even by the car at the time.
Holding: SILA must be contemporaneous to the arrest itself.
Chambers v. Maroney (1970)
Nowarrant to search the car. Arrest? Why do we need a warrant?
Car (people not in car) – Warrant?
Exigent circumstances – Public safety

South Dakota v. Opperman (1976)
Vermillion, SD 1973.
Parkingticket – car still there gets another ticket – tow it
City impound lot
Search & inventory contents
Marijuana.
Basis – inventory (Booking)
Scope – entire vehicle
Justification – Protectingthe vehicle owner from theft and the police from claims of theft.
Impound inventory evidence is admissible

California v. Carney (1985)
Motorhome
Wheels! – it can move
Residence.
If...