Title: The Automobile Exception in Nevada: A Critique of the Harnisch Cases
Abstract: In 1998, the Nevada Supreme Court determined that law enforcement must make an independent showing of exigency to justify a probable cause-based search of an automobile pursuant to the automobile exception to the warrant requirement. In so holding, the court effectively rejected almost thirty years of Supreme Court precedent recognizing the authority of law enforcement to search automobiles based on probable cause because of their potential mobility and the reduced expectation of privacy in automobiles in modern society. This article contends that this area of the law is one that calls for a rule that supplies the need for standardized procedures and clarity for law enforcement officials rather one requiring case-by-case adjudication. So while it is a good thing for courts to overcome the idea that constitutional law is inevitably based on what the Supreme Court rules, this is an area in which it makes sense in appropriately considering the competing values to adopt the federal rule concerning the automobile exception.
Publication Year: 2008
Publication Date: 2008-04-13
Language: en
Type: article
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