Fourth Amendment Searches: The Motor Vehicle Exception to the Warrant Requirement  

To say that cars are pervasive in American culture is an understatement. The car has evolved from a means of transportation to a prized personal possession and a symbol of the American dream. The attainment of a driver's license is a well-established rite of passage. Between the daily commute and personal travel, Americans rack up hundreds of hours and thousands of miles in their cars every year. With all of this time on the road, it is not surprising that vehicles are also one of the most heavily regulated personal possessions for Americans. We are tasked with the annual chore of renewing our tags and paying taxes. The second that we step into our cars and turn the ignition, we are suspectible to significant law enforcement and subject to hefty fines for failure to comply with motor vehicle standards and traffic laws.

Although American drivers are fairly well-versed in traffic laws, many are unaware of their rights in regard to searches of their vehicles. Although the Fourth Amendment propounds a right of the people against unreasonable searches and seizures sans a warrant, the Supreme Court has carved out a very specific and broad exception to this warrant requirement for motor vehicles. As the materials in this bibliography will detail, in 1925, the Supreme Court first established the capacity for warrantless searches of automobiles. Since 1925, the Court has expanded this exception to include not only cars but also motor homes, not only owners of vehicles but also their passengers, and not only the vehicle itself but also any containers within the vehicle.

This bibliography serves as a starting point in understanding constitutional law regarding the motor vehicle exception to the warrant requirement with a focus on the exception as dictated by the Supreme Court of the United States. The case law regarding this subject is voluminous, and the cases cited within are merely a spring board for research. From 1925 through the 1970's, the Supreme Court made a series of rapid decisions upholding the almost unfettered use of warrantless searches for automobiles. Since that time, the amount of appeals brought before the Supreme Court has dwindled; however, the issue continues to be litigated actively in state courts and district courts. This research guide is intended to assist attorneys with initiating research on this subject matter and to assist laypersons with attaining a basic understanding of their rights in regard to car searches. All hyperlinks to cases, where available, redirect the reader to one of many free-access websites for case law. Readers may also utilize Westlaw or Lexis for additional research at cost.

Kelly Connors is a rising second year, part-time student at Georgia State University College of Law; her anticipated graduation date is May 2013.  Ms. Connors has undergraduate degrees from the University of Georgia in Criminal Justice and Psychology.  Following graduation from UGA, Ms. Connors was employed with the Department of Family and Children Services, the Georgia Bureau of Investigation, and Department of Labor's Disability Adjudication Services.  Since 2005, Ms. Connors has been employed with a healthcare law firm and specializes in Social Security disability claims. For more information, please contact Professor Nancy Johnson via email at njohnson@gsu.edu.

This research guide does not purport to be all-inclusive of the relevant case law on the subject of automobile searches. Although this area of law is not rapidly changing, it is critical that all cases be checked to ensure they are still good law. Any information provided in this guide is not to be taken as the opinion of the author or Georgia State University College of Law in regards to how to exert Fourth Amendment rights. If you feel your rights have been violated, you should consult with an attorney.

Bibliographies on this website were prepared for educational purposes by law students as part of Nancy P. Johnson's Advanced Legal Research course. The Law Library does not guarantee the accuracy, completeness, or usefulness of any information provided.