Whether a driver or passenger can challenge the police on a particular search of his/her vehicle under the automobile exception depends on:

Question

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The ability for a driver or passenger to challenge a police search of their vehicle under the automobile exception depends on whether they have a reasonable expectation of privacy in the vehicle. This is the key factor in determining whether the search was lawful or not, as established by the Supreme Court in cases such as U.S. v. Ross (1982) and Wyoming v. Houghton (1999). The other options may be relevant to specific aspects of the search, but they are not as fundamental to the overall legality of the search as the expectation of privacy.

Whether a Driver or Passenger Can Challenge the Police on a Particular