Study On Automobile Search Of America And Its Inspiration

Automobile search is one of special criminal search systems which is based on both“Mobility” theory and “Less expectation of privacy” theory which is come form theparticularity of automobile. And it can be classified into two categories: warrantautomobile search and warrantless automobile search. For the former, there is nodifference compared with ordinary criminal search; For the latter, is a kind of exception ofwarrant rule which is come from many judgments of case, and the main context ofautomobile search system, actually.There is no any provision of this system in the rules and regulations of c hina and theacademic circles not focus on it as well. However, much practice happens everyday. So,the unlawful infringement of civil rights by illegal automobile search is a commonphenomenon in our country.China has entered Automobile Age which makes the situation worse. This situation isharmful to the purpose of criminal procedure what is cracking down crime andsafeguarding human rights. Therefore it’s necessary to set up related rules and regulationsof automobile search.Automobile search of America is a perfect system based on the accumulation for past100years which would have a good guide to the establishment of this system of china.More importantly, on the one hand, many good methods and ideas withhigh-maneuverability and advanced is helpful to the reform of the criminal search systemof china, such as interaction between theory and practice, quantization skills of legislation,the spirit of regard the constitution as the top criterion, the skill of checks and balancesbetween law enforcement of efficiency and justice; On the other hand, the problems in theprocess of establishment of automobile search system is also the ones in the process ofreform of the criminal search system. So, it’s necessary to have a study on automobilesearch of America.For the context, degree paper offer a opinion of " perform a reform on criminalsearch by the establish of automobile search of china ", which based on the carefully studyon both of automobile search of America and the current situation of automobile search of china. At the same time, for the structure, degree paper is divided into5chapters.Chapter one entitled the history of the automobile search of America:. This chapter isdivided into3sections which separately discussed the constitution basis (the FourthAmendment of America), the warrant rule of warrant automobile search, and the"automobile exception" rules and its usage.Chapter two entitled the reasons to search and the rules of evidence of the automobilesearch of America. This chapter is divided into2sections. The former is mainly elaboratedfrom3angles: the connotation, technical details and the analys is between it and principleof plain view; the latter mainly discussed exclusionary rule of illegal evidence.Chapter there entitled other law enforcement behaviors which are closely related toautomobile search of america. This chapter mainly discusses forbidden of vehicle and setup roadblock.Chapter four entitled the summary of automobile search of china. This chapter isdivided into3sections which separately discuss the present situation, the cognition ofpolicemen and ordinary people in china and why.Chapter five entitled the inspiration from the automobile search of america. Thischapter is divided into4sections. Firstly, discusses the feasibility and necessity form theperspective of choice of criminal procedure system of china. Secondly, discusses the keyproblems in the process of establishment of automobile search from a technicalperspective.The last part, discusses the key problems of the process in establishment ofautomobile search from a perspective of checks and balances, Such as the construction ofessential exclusionary rule of illegal evidence, to endow prosecutor wit h the authority ofreview the search writ.