What is the test for the vehicle exception?

California, United States of America


The following excerpt is from The People v. Allen, 78 Cal.App.4th 445, 92 Cal.Rptr.2d 869 (Cal. App. 2000):

"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. . . . Applying the vehicle exception in these circumstances allows the essential purposes served by the exception to be fulfilled, while assuring that the exception will acknowledge legitimate privacy interests." (California v. Carney, supra, 471 US at p. 394.) The bicycle here met these requirements.

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