New York Immigration Lawyers



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California v. Carney (1985)
Opinion by: BURGER
...[T]o fail to apply the [warrant] exception to vehicles such as a motor home ignores the fact that a motor home lends itself easily to use as an instrument of illicit drug traffic and other illegal activity.

[...]

California v. Carney (1985)
Opinion by: BURGER
We decline today to distinguish between "worthy" and "unworthy" vehicles [cars or mobile homes] which are either on the public roads and highways, or situated such that it is reasonable to conclude that the vehicle is not being used as a residence.

Our application of the vehicle exception has never turned on the other uses to which a vehicle might be put. The exception has historically turned on the ready mobility of the vehicle, and on the presence of the vehicle in a setting that objectively indicates that the vehicle is being used for transportation.

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