Abstract

Comment: Criminal Procedure
Individual privacy interests in the contents of containers located within automobiles have been the subject of many United States Supreme Court decisions. The Court's attempt to clarify the proper bounds for police searches of such containers and vehicles has resulted in limited success.

In United States v. Mazzone the United States Court of Appeals, Seventh Circuit, held that where a container is the primary focus of police attention, and the container is placed in a vehicle, if there is any reason for searching beyond the container the police may make a full warrantless search of the vehicle. As part of their search the police may open and search the container itself. The court concluded that the officer's reason for searching beyond the container may be speculative and reasoned that merely because a particular container is the most important reason for the search of a vehicle, the search itself is no less a vehicle search. This is so provided there is some other reason to search the rest of the vehicle. This Comment will analyze the Mazzone decision and explore some of the possible ramifications of its loosening of the warrant requirement.

In Mazzone, agents conducting a surveillance observed one of the defendants place a container into a van. It was not disputed that the agents had probable cause to believe the container held contraband. Mazzone drove away in the van and the agents followed. After stopping the van, agents arrested Mazzone and conducted a warrantless search for the container. The container was located and found to contain the narcotics which were used against Mazzone at trial. Mazzone and others were convicted of various drug crimes. Mazzone's appeal to the Seventh Circuit attacked the constitutionality of the warrantless searches of the van and container.

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