In addition, "'[b]esides the element of mobility, less rigorous warrant requirements govern because the expectation of privacy with respect to one's automobile is significantly less than that relating to one's home or office.'" In addition, a telephonic warrant was only 20 cents and the nearest phone booth away. Carney and the youth closed the window shades in the motor home, including one across the front window. [ California v. Greenwood, 486 U.S. 35 (1988), was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. 1972) 460 F.2d 582, as holding that a "mobile camper van" is to be accorded protection similar to that given an automobile. Professors love to push this case to its theoretical limits. 469 were installed in this particular motor home. If the Court had merely allowed the decision below to stand, it would have only governed searches of those vehicles in a single State. Footnote 15 In any event, the Miller court did not undertake an expectation of privacy analysis, but instead upheld the search under the "totality of the facts and circumstances." I fully agree that definitions are difficult and that those who "reside" or "live" in a motorized vehicle have a heightened expectation of privacy, but broad generalizations are not useful. [471 The principal function of the structure here was to provide living quarters rather than a means of transportation; furthermore, this function was reasonably apparent from the exterior of the motor home. Florida v. Rodriguez, Footnote 26 Bell, Jr., and George L. Schraer filed a brief for the California State Public Defender as amicus curiae urging affirmance. Our formulation of the controlling principles of that doctrine provides that "'officers are empowered ... to search an automobile as "long as it can be demonstrated that (1) exigent circumstances rendered the obtaining of a warrant an impossible or impractical alternative, and (2) probable cause existed for the search."'" [471 In this sense, a motor home often serves as a repository for personal effects to the same degree as a home, an office, or certainly a piece of luggage. Despite the age of the automobile exception and the countless cases in which it has been applied, we have no prior cases defining the contours of a reasonable search in the context of hybrids such as motor homes, house trailers, houseboats, or yachts. As one commentator has paraphrased it, under the new rule "when police officers have probable cause to stop an automobile on the street and the object of their search is not some specifically identifiable container known to be inside, they may search the entire car and open any package or container the officers find inside whether they have a search warrant or not." Footnote 14 The Court held that the automobile exception to the Fourth Amendment’s warrant requirement applied to respondent’s motor home. (United States v. Kunkler (9th Cir. We decline today to distinguish between "worthy" and "unworthy" vehicles which are either on the public roads and highways, or situated such that it is reasonable to conclude that the vehicle is not being used as a residence. Rational decisionmaking strongly counsels against divining the uses and abuses of these vehicles in the vacuum of the first case raising the question before us. New York v. Belton, 453 U.S. 454 (1981), was a United States Supreme Court case in which the Court held that when a police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile. Our holding that the initial search was unreasonable leads inevitably to the conclusion that its fruits cannot be used to justify the subsequent search. Given this warning and the presumption of regularity that attaches to a warrant, In United States v. Ross, the Court reaffirmed the primary importance of the general rule condemning warrantless searches, and emphasized that the exception permitting the search of automobiles without a warrant is a narrow one. The officers plainly had probable cause to arrest the respondent and search the motor home, and on this record, it is inexplicable why they eschewed the safe harbor of a warrant. ] The Fourth Amendment provides: [ 463 629, 545 P.2d 1333]; People v. Dumas, supra, 9 Cal.3d at p. 882, fn. 456 [ Although a more complete record would have been helpful, its omission does not bar us from concluding that defendant's motor home is more akin to living quarters than to a mere mode of transportation. The decisions of the Supreme Court "'have time and again underscored the essential purpose of the Fourth Amendment to shield the citizen from unwarranted intrusions into his privacy.' 456 2d 856, 861, 84 S. Ct. 889]; accord, People v. Escudero (1979) 23 Cal. 3d 192, 201 [104 Cal. (1984). 2d 325, 335, 94 S. Ct. The high court was asked to decide if a legal warrantless search of an automobile allows closed containers found in the vehicle to be searched as well. (Id. *. The Court's decision to forge ahead He concedes the argument was made by the People at the preliminary hearing, but maintains that their failure to renew it in superior court bars them from asserting it on appeal. Rptr. Moreover, to fail to apply the exception to vehicles
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