Warrantless searches have been categorized into the "unreasonable" part of "unreasonable search and seizures" within the 4th amendment yet automobile searches do not require warrants. In some cases ie: drunk driver check points, police are allowed to stop drivers without even probable cause, all in the name of safety.
Really? What cracker jack school of law did you go to?
You might want to read Delaware V. Prouse before you make false statements.
No law school, just a semester of Criminal Procedures class.
What about Carroll vs. United States, then? And how do you defend the legality of DUI check points? Carroll allows searches based on probable cause instead of having to get a warrant. DUI check points don't require either last time I checked. Both are exceptions to the 4th Amendment, are they not?
You said you do not need a search warrant to search an automobile.
The Carroll Doctrine allows the search of an automobile based on probable cause that the officer believes to contain a particular item. This, however, does not allow for an entire search of the car. You have to look at United States v. Ross. Ross defines the permissible scope of the search.
In other words, if the police have probable cause to believe you are transporting illegal aliens, then they may search the vehicle where the aliens could be concealed, thus eliminating the glove box or a suitcase from being searched. If contraband was found in the glove box during the search for illegal aliens then the case would without a doubt be thrown out.
The reason why the law is more relaxed with automobiles is because automobiles have a lesser expectation of privacy than a residence.
A warrantless search of a motor vehicle is permissible in some cases, but not without probable cause. Additionally, there are times you cannot search a motor vehicle without a warrant, even if you have probable cause.
As far as DUI checkoints go, The courts have set aside four factors that must be present in order to establish DUI checkpoints. Police cannot randomly pull you over and say they are stopping you to see if you're drunk. The police have to follow certain guidelines set forth by that states supreme court in order to conduct a DUI checkpoint. And yes, police need probable cause to search your car at a DUI checkpoint.