Code of Criminal Procedure · Carroll v. United States

Carroll v. United States

Carroll v. United States is covered under Carroll v. United States and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Vehicle readily mobile; Probable cause that vehicle contains contraband or evidence; May search any part of vehicle and any container that could contain the object of the search; No separate warrant required.

Elements you must prove

  • Vehicle readily mobile
  • Probable cause that vehicle contains contraband or evidence
  • May search any part of vehicle and any container that could contain the object of the search
  • No separate warrant required

Practice 2 questions on this topic

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Worked examples

Worked example 1

Under the automobile exception, officers may search a vehicle without a warrant when:

  1. The vehicle is parked
  2. They have probable cause to believe the vehicle contains contraband or evidence of a crime Correct
  3. The driver is over 21
  4. Anytime during a traffic stop
Why: The automobile exception allows warrantless search of a vehicle (and any container within capable of holding the object of the search) when there is probable cause that contraband or evidence is present, due to the inherent mobility and reduced expectation of privacy.
Statute: Carroll v. United States; Chambers v. Maroney; California v. Acevedo
Worked example 2

SCENARIO. An officer smells a strong odor of fresh marijuana coming from the open driver's window of a stopped vehicle. Under Texas law, the smell of marijuana:

  1. Is not a basis for any further investigation
  2. Standing alone, has historically supplied probable cause to search the vehicle (post-2019 hemp law has prompted some prosecutors to require additional corroboration but the general rule remains intact in most jurisdictions) Correct
  3. Authorizes a full custodial arrest of all occupants
  4. Justifies a full search of the home
Why: Texas appellate courts have long held that the odor of marijuana from a vehicle supplies probable cause to search under the automobile exception. After the 2019 hemp legalization, prosecutors and policy guidance often urge officers to articulate additional facts (e.g., visible plant material, admissions, paraphernalia) but the legal sufficiency of odor-PC for vehicle searches generally remains intact.
Statute: Texas case law (probable cause via odor); Carroll v. United States