Legal Opinion

State v. Caban

Court of Appeals of Wisconsin

Decided May 2, 1996No. 94-1015-CRPublishedCited by 4 opinions

1Opinion of the CourtSundby, J.

In this appeal, we hold that the "automobile exception" to the warrant procedure of the Fourth Amendment to the United States Constitution allows the police to search "readily mobile" automobiles without first obtaining a warrant for that purpose. We further hold, however, that the automobile exception does not dispense with the requirement that the police have probable cause to believe that an automobile contains evidence of a crime before they may abandon the warrant procedure. Because the police did not have probable cause to believe that defendant-appellant Marty Caban's automobile…

2Cases cited24 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. United States v. CortezSupreme Court of the United States · 1981
  4. Chambers v. MaroneySupreme Court of the United States · 1970
  5. Texas v. BrownSupreme Court of the United States · 1983

19 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. CabanWisconsin Supreme Court · 1997
  2. State v. CabanWisconsin Supreme Court · 1997
  3. State v. CabanCourt of Appeals of Wisconsin · 1996
  4. State v. CabanWisconsin Supreme Court · 1997

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