Warrants and Searches

To the editor:

Regarding the recent letters about warrants and searches:

The Fourth Amendment to the Constitution reads in full “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Generally, a warrant makes a search reasonable, but not every warrantless search is unreasonable. There exists a long line of court decisions recognizing or creating exceptions to the general requirement for a warrant. A warrantless search conducted under the color of one of those exceptions is not, on its face, unreasonable.

One of those exceptions is the so-called “automobile exception.” The “automobile exception” applies if a vehicle is readily mobile, and there is probable cause to believe that it contains contraband. If those two conditions are met, a war rantless search is permitted.

For a complete discussion with references to governing Supreme Court cases, see Dwinal v. State, No. 03-17-00012-CR at the Third Court of Appeals in Austin. That case is available for free at https://scholar.google. com/scholar_case?case=11412 827665358197463&q=dwinal +v+state&hl=en&as_sdt=4,44

Morris Albers (attorney)

La Grange