Document Type
Article
Media Type
Text
Abstract
This Comment examines the single-purpose container exception to the Fourth Amendment's warrant requirement. Since the exception was recognized in Arkansas v. Sanders and revisited in Robbins v. California, the federal circuits have not agreed as to what evidence courts can consider when deciding whether or not to apply the exception to a particular container. While some circuits allow specialized police knowledge and the circumstances surrounding the container's discovery to be considered, most disallow this evidence in making the same determination. As a result, the continued use of the single-purpose container exception results in an inconsistent application of the Fourth Amendment to similarly-situated containers. This Comment concludes that, because of these inconsistencies, the single-purpose container exception should be invalidated or at least limited significantly in order to protect the Fourth Amendment's integrity.
First Page
237
Last Page
268
Publication Date
11-1-2009
Department
College of Law
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Kegl, Daniel
(2009)
"The Single-Purpose Container Exception: A Logical Extension of the Plain View Doctrine Made Unworkable,"
Northern Illinois University Law Review: Vol. 30:
Iss.
1, Article 4.
Suggested Citation
Daniel Kegl, Comment, The Single-Purpose Container Exception: A Logical Extension of the Plain View Doctrine Made Unworkable, 30 N. Ill. U. L. Rev. 237 (2009).