Chambers v. Moroney

In Chambers v. Moroney (1970) 399 U.S. 42, the car was searched at the police station, and some commentators have found it difficult to understand why a car's theoretical mobility should justify a warrantless search in that situation. The United States Supreme Court had reasoned as follows: "Arguably, because of the preference for a magistrate's judgment, only the immobilization of the car should be permitted until a search warrant is obtained; arguably, only the 'lesser' intrusion is permissible until the magistrate authorizes the 'greater.' But which is the 'greater' and which the 'lesser' intrusion is itself a debatable question and the answer may depend on a variety of circumstances. For constitutional purposes, we see no difference between on the one hand seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out an immediate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment." (399 U.S. at pp. 51-52.)