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ARTICLE CONTENTS
[Pages 71-101]
TOP OF ARTICLE
Introduction
I. The Development of the automobile exception
A. The Origin of the Carroll Doctrine
B. Developments after Carroll
1. Reduced Expectation of Privacy: A Wrong Turn
2. Containers in Automobiles: Another Wrong Turn
3. The Court’s Difficulty in Expressly Recognizing that Privacy May Require Greater Protection than Possession: A Third Wrong Turn
C. The “Other” Automobile Exception: New York v. Belton
II. A Call for Reforming the Automobile Exception
A. The Mobility of an Automobile No Longer Presents an Exigent Circumstance
B. The “Reduced Expectation of Privacy” Rationale Does Not Justify Warrantless Searches of the Entire Automobile and All
Containers Therein
C. The Automobile Exception Has Fostered Abusive Police Practices
III. Putting the Automobile Exception Back on Track
A. Recasting the Automobile Exception
B. Application of the Modified Rule
Conclusion
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