Is a vehicle considered a premises for search purposes?

Is a vehicle considered a premises for search purposes?

• A. No
• B. Yes
• C. Only if fixed
• D. Only if used for business

Answer: (B)

The key idea is that the scope of a search warrant includes the places where evidence may be kept or evidence related to the crime may be found, not just fixed buildings. A vehicle qualifies as a premises because it is a place under a person’s control where items, contraband, or stolen goods can be stored or moved, and it can be the site of criminal activity just like a dwelling or shop. Because of that flexibility, a search warrant can authorize searching a vehicle when it is the place to be searched, or when it describes the premises under the accused’s control, which may include the car. A vehicle does not have to be fixed or used for business to count; what matters is that it is a place where the accused has a reasonable expectation of privacy and where relevant evidence could be located.

The key idea is that the scope of a search warrant includes the places where evidence may be kept or evidence related to the crime may be found, not just fixed buildings. A vehicle qualifies as a premises because it is a place under a person’s control where items, contraband, or stolen goods can be stored or moved, and it can be the site of criminal activity just like a dwelling or shop. Because of that flexibility, a search warrant can authorize searching a vehicle when it is the place to be searched, or when it describes the premises under the accused’s control, which may include the car. A vehicle does not have to be fixed or used for business to count; what matters is that it is a place where the accused has a reasonable expectation of privacy and where relevant evidence could be located.