Summary

Portrait of Hugo Black Hugo Black Preston v. United States — Opinion of the Court

For this reason, what may be an unreasonable search of a house may be reasonable in the case of a motorcar. See Carroll v. United States, supra, 267 U.S., at 153, 45 S.Ct. at 285, 69 L.Ed. 543. But even in the case of motorcars, the test still is, was the search unreasonable. Therefore we must inquire whether the facts of this case are such as to fall within any of the exceptions to the constitutional rule that a search warrant must be had before a search may be made.
It is argued that the search and seizure was justified as incidental to a lawful arrest.
Source: Wikisource

Portrait of Hugo Black Hugo Black Preston v. United States — Opinion of the Court

The rule allowing contemporaneous searches is justified, for example, by the need to seize weapons and other things which might be used to assault an officer or effect an escape, as well as by the need to prevent the destruction of evidence of the crime things which might easily happen where the weapon or evidence is on the accused's person or under his immediate control.
Source: Wikisource

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