Document Type

Article

Publication Date

2009

Abstract

500 U.S. 565 (1991), argued 8 Jan. 1991, decided 30 May 1991 by vote of 6 to 3; Blackmun for the Court, Scalia concurring, Stevens in dissent. Until the 1991 Acevedo case was decided, two different rules governed the search of closed containers found in a motor vehicle. In United States v. Ross (1982), the Court held that if the police had probable cause to search an entire vehicle for contraband and came upon a closed container in the course of the automobile search, they could open the container without first obtaining a warrant. On the other hand, in Arkansas v. Sanders (1979) the justices had held that if probable cause focused exclusively on a particular closed container whose presence in a vehicle was purely fortuitous, the police had to obtain a search warrant before opening it.

Comments

Reproduced by permission of Oxford University Press.


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