Field Resource · Case Law
Searches & Consent
Quick reference—verify current law and follow agency policy. Summaries do not independently establish search or arrest authority.
Florida tags identify Florida state-court decisions. Nationwide decisions apply in Florida too; DCA decisions may have district-specific limits.
Arizona v. Gant
Vehicle search incident to arrest · 556 U.S. 332 (2009)
A recent occupant's arrest permits a passenger-compartment search only if the arrestee can reach it at the time, or there is reason to believe it contains evidence of the arrest offense.
Carroll v. United States
Automobile exception · 267 U.S. 132 (1925)
The automobile exception permits a warrantless vehicle search when probable cause supports believing it contains evidence or contraband.
Mapp v. Ohio
Unlawful searches and evidence · 367 U.S. 643 (1961)
The exclusionary rule applies in state criminal prosecutions: evidence obtained through an unconstitutional search or seizure may be suppressed.
Michigan v. Long
Protective vehicle weapons search · 463 U.S. 1032 (1983)
Specific facts supporting reasonable suspicion that a person is dangerous and may gain immediate control of weapons can justify a limited passenger-compartment weapons search.
Riley v. California
Cell-phone searches · 573 U.S. 373 (2014)
Arrest alone generally does not authorize searching a phone's digital contents. Obtain a search warrant unless a separate exception applies.
Schneckloth v. Bustamonte
Voluntary consent · 412 U.S. 218 (1973)
Consent must be voluntary under all the circumstances. Knowledge of the right to refuse is a factor, but is not always required for valid consent.
United States v. Matlock
Shared-premises consent · 415 U.S. 164 (1974)
A person with common authority over shared premises may consent to a search of those shared areas against an absent co-occupant.
United States v. Robinson
Search of an arrestee · 414 U.S. 218 (1973)
A lawful custodial arrest permits a full search of the arrestee's person incident to arrest.