Vol. 34 No. 38 THE FOURTH AMENDMENT DOES NOT PERMIT SEARCHING A VEHICLE TO LOCATE A DRIVER’S IDENTIFICATION FOLLOWING A TRAFFIC STOP ABSENT WARRANT OR OTHER EXCEPTION TO WARRANT REQUIREMENT
On November 25, 2019 in the case of United States v. People v. Lopez,[1] the California Supreme Court concluded that the desire to obtain a driver’s identification following a traffic stop does not constitute an independent, categorical exception to the Fourth Amendment’s warrant requirement permitting a search of a vehicle. In reaching its conclusion, the […]