State v. Eubanks, 355 N.W.2d 57 (Iowa 1984). · Go Syfert
State v. Eubanks, 355 N.W.2d 57 (Iowa 1984). Cases Citing This Book View Copy Cite
“the patrolman smelled the odor of marijuana drifting from the car when he approached defendant, who was seated behind the steering wheel. the odor of that controlled substance in the automobile gave the patrolman reasonable cause to conduct a comprehensive search of the car.”
93 citation events (72 in the last 25 years) across 4 distinct courts.
Strongest positive: State of Iowa v. Amadeus Demetrius Mcclain (iowa, 2025-05-02)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 48 distinct citers.
discussed Cited as authority (verbatim quote) State of Iowa v. Amadeus Demetrius Mcclain
Iowa · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well established that a police officer may search an automobile without a warrant when probable cause and exigent circumstances exist.
discussed Cited as authority (verbatim quote) State of Iowa v. Amadeus Demetrius Mcclain
Iowa · 2025 · quote attribution · 1 verbatim quote · confidence high
it is well established that a police officer may search an automobile without a warrant when probable cause and exigent circumstances exist.
examined Cited as authority (verbatim quote) State of Iowa v. Vanessa Renae Gale
Iowa Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the patrolman smelled the odor of marijuana drifting from the car when he approached defendant, who was seated behind the steering wheel. the odor of that controlled substance in the automobile gave the patrolman reasonable cause to conduct a comprehensive search of the car.
examined Cited as authority (verbatim quote) State of Iowa v. Jasmaine R. Warren
Iowa · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
the patrolman smelled the odor of marijuana drifting from the car when he approached defendant, who was seated behind the steering wheel. the odor of that controlled substance in the automobile gave the patrolman reasonable cause to conduct a comprehensive search of the car.
examined Cited as authority (verbatim quote) State of Iowa v. Jennifer Brandt
Iowa Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence high
once the patrolman lawfully stopped the car and had probable cause to search it for contraband, in this case marijuana, he could lawfully open and examine all containers within the vehicle from the time probable cause appeared.
examined Cited as authority (verbatim quote) State of Iowa v. Michelle M. Swenson
Iowa Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
once the patrolman lawfully stopped the car and had probable cause to search it for contraband, in this case marijuana, he could lawfully open and examine all containers within the vehicle from the time probable cause appeared.
discussed Cited as authority (verbatim quote) State of Iowa v. Jonathon D. George
Iowa Ct. App. · 2016 · signal: compare · quote attribution · 1 verbatim quote · confidence high
the odor of that controlled substance in the automobile gave the patrolman reasonable cause to conduct a comprehensive search of the car.
discussed Cited as authority (verbatim quote) State of Iowa v. Morgan Lea Myers
Iowa Ct. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
once the patrolman . . . had probable cause to search for contraband, all containers within the car . . . were fair game for the car search.
discussed Cited as authority (rule) State of Iowa v. Andrew James Richardson
Iowa Ct. App. · 2023 · confidence medium
“A search and seizure without a valid warrant is per se unreasonable unless it comes within a recognized exception to constitutional warrant requirements, such as . . . probable cause and exigent circumstances . . . .” State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
discussed Cited as authority (rule) State of Iowa v. Robert Darnell Luckett, III
Iowa Ct. App. · 2022 · confidence medium
See State v. Watts, 801 N.W.2d 845, 854 (Iowa 2011) (finding the smell of marijuana coming from an apartment provided probable cause to obtain a warrant to search the apartment); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984).
discussed Cited as authority (rule) State of Iowa v. Dominick Marcott
Iowa Ct. App. · 2022 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 60 (Iowa 1984); State v. Swenson, No. 17-1460, 2019 WL 141009 , at *2 (Iowa Ct. App. Jan. 9, 2019); see also State v. Davis, 679 N.W.2d 651, 656 (Iowa 2004) (noting probable cause to search an area depends on whether there is a reasonable belief evidence of a crime might be located in the area searched).
examined Cited as authority (rule) State of Iowa v. Myranda Marie Rincon (3×) also: Cited "see"
Iowa · 2022 · confidence medium
In State v. Eubanks, we said no, reasoning, “Defendant had no 4 right to insulate her purse or any other container from a lawful warrantless search by the simple expedient of physically removing the purse and its contents from the car while the search was in progress.” 355 N.W.2d 57, 60 (Iowa 1984).
discussed Cited as authority (rule) State of Iowa v. Brianna Kay Havemann
Iowa Ct. App. · 2020 · confidence medium
Cf. State v. Merrill, 538 N.W.2d 300, 302 (Iowa 1995) (“We believe that the smell of burnt marijuana, coupled with [the defendant’s] furtive attempts to hide something in his hand, provided [the] officer . . . with sufficient probable cause to search [the defendant’s] hand.”); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (stating “the odor of 5 [marijuana] in the automobile gave the patrolman reasonable cause to conduct a comprehensive search of the car”).
discussed Cited as authority (rule) State of Iowa v. Nicholas Louis Konzen
Iowa Ct. App. · 2017 · confidence medium
Contrary to Konzen’s contention, Iowa Courts have held “a trained officer’s detection of a sufficiently distinctive odor, by itself or when accompanied by other facts, may establish probable cause.” State v. Watts, 801 N.W.2d 845, 854 (Iowa 2011) (emphasis added); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (“[T]he patrolman clearly had sufficient probable cause to search the vehicle and its contents.
discussed Cited as authority (rule) State of Iowa v. Debbie Lin Campbell (2×) also: Cited "see"
Iowa Ct. App. · 2017 · confidence medium
Id. at 60 (“Once the patrolman lawfully stopped the car and had probable cause to search for contraband, all containers within the car when it was stopped were fair game for the car search.
discussed Cited as authority (rule) State of Iowa v. Damien Alexander Cage (2×) also: Cited "see"
Iowa Ct. App. · 2016 · confidence medium
“It is well established that a police officer may search an automobile without a 5 warrant when probable cause and exigent circumstances exist.” State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984).
examined Cited as authority (rule) In the Matter of Property Seized From Robert Pardee, Robert Pardee (4×)
Iowa · 2015 · confidence medium
An odor known to be marijuana emanating from a vehicle provides probable cause to search, under our law, State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984), but the strong odor of an air freshener known by, the officer to be, an agent used to mask the odor of marijuana does not even provide reasonable suspicion to investigate.
discussed Cited as authority (rule) Amended February 23, 2016 In the Matter of Property Seized From Robert Pardee, Robert Pardee (2×)
Iowa · 2015 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984); see State v. Watts, 801 N.W.2d 845, 854 (Iowa 2011) (“[A] trained officer’s detection of a sufficiently distinctive odor, by itself or when accompanied by other facts, may establish probable cause.”); State v. Moriarty, 566 N.W.2d 866, 869 (Iowa 1997) (combining the scent of burnt marijuana with the presence of an unused alligator clip and the officer’s experience to create probable cause); State v. Predka, 555 N.W.2d 202, 207 (Iowa 1996) (finding the odor of marijuana, the driver’s nervous state, and officer’s observation of a scree…
discussed Cited as authority (rule) Amended September 14, 2015 State of Iowa v. Jesse Michael Gaskins
Iowa · 2015 · confidence medium
See State v. Watts, 801 N.W.2d 845 , 854–55 (Iowa 2011) (collecting cases and stating that “notably, many other courts have found that the odor of raw or growing marijuana by itself can provide sufficient probable cause for a search”); State v. Moriarty, 566 N.W.2d 866, 869 (Iowa 1997) (holding that marijuana odor was part of the basis for probable cause); State v. Merrill, 538 N.W.2d 300, 301 (Iowa 1995) (same); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (holding marijuana odor alone supported probable cause).
discussed Cited as authority (rule) State of Iowa v. Jesse Michael Gaskins (2×)
Iowa · 2015 · confidence medium
See State v. Watts, 801 N.W.2d 845, 854-55 (Iowa 2011) (collecting cases and stating that “notably, many other courts have found that the odor of raw or growing marijuana by itself can provide sufficient probable cause for a search”); State v. Moriarty, 566 N.W.2d 866, 869 (Iowa 1997) (holding that marijuana odor was part of the basis for probable cause); State v. Merrill, 538 N.W.2d 300, 301 (Iowa 1995) (same); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (holding marijuana odor alone supported probable cause).
discussed Cited as authority (rule) State of Iowa v. Donald Joseph King (2×)
Iowa · 2015 · confidence medium
Nov. 26, 2003) (Altoid tin); see also Lowe, 812 N.W.2d at 564 (fruit can); State v. Maxwell, 743 N.W.2d 185, 189 (Iowa 2008) (cigarette pack); State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984) (makeup case); State v. Meksavanh, No. 12-1878, 2014 WL 3749356 , at *2 (Iowa Ct.App.
cited Cited as authority (rule) State of Iowa v. Isaac Andrew Baldon
Iowa Ct. App. · 2014 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984).
discussed Cited as authority (rule) State of Iowa v. Alan Lee Watts, Jr.
Iowa · 2011 · confidence medium
See Simmons, 714 N.W.2d at 272-73 (smell of anhydrous ammonia drifting from an apartment); State v. Moriarty, 566 N.W.2d 866, 869 (Iowa 1997) (smell of burnt marijuana on defendant’s person plus the observation of an unused alligator clip hanging from the rearview mirror of defendant’s vehicle); State v. Merrill, 538 N.W.2d 300, 301-02 (Iowa 1995) (smell of burnt marijuana while defendant exited vehicle coupled with furtive movement); State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (smell of marijuana emanating from a vehicle).
cited Cited as authority (rule) State v. Brooks
Iowa · 2009 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58-59 (Iowa 1984).
cited Cited as authority (rule) State v. McCoy
Iowa · 2005 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
cited Cited as authority (rule) State v. Moriarty
Iowa · 1997 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58-59 (Iowa 1984).
cited Cited as authority (rule) State v. Cadotte
Iowa · 1996 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58-59 (Iowa 1984).
cited Cited as authority (rule) State v. Cook
Iowa · 1995 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984).
cited Cited as authority (rule) State v. Schultzen
Iowa · 1994 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
discussed Cited as authority (rule) Leydens v. City of Des Moines
Iowa · 1992 · confidence medium
Leydens correctly argues that, because the police did not have a warrant to search her, the search was valid only if it fell within one of the constitutionally recognized exceptions: consent, search incident to an arrest, probable cause and exigent circumstances, or “plain view.” See State v. Emerson, 375 N.W.2d 256, 258 (Iowa 1985); State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
cited Cited as authority (rule) State v. Bumpus
Iowa · 1990 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
discussed Cited as authority (rule) State v. Showalter
Iowa · 1988 · confidence medium
Katz v. United States, 389 U.S. 347 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967); State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984); cf. Hagen, 258 Iowa at 204-05 , 137 N.W.2d at 899-901 (sheriff’s warrantless entry into defendant’s locked house held unreasonable where defendant was in jail and could not flee, or remove or *169 destroy evidence, residence was not movable, and search not incident to arrest).
cited Cited as authority (rule) State v. Baldwin
Iowa · 1986 · confidence medium
State v. Hardin, 359 N.W.2d 185, 187 (Iowa 1984); State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
cited Cited as authority (rule) State v. Hightower
Iowa Ct. App. · 1985 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
discussed Cited as authority (rule) State v. Flynn (2×)
Iowa · 1985 · confidence medium
State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984).
discussed Cited "see" State of Iowa v. Tyre Dewayne Brown
Iowa Ct. App. · 2023 · signal: accord · confidence high
“An officer’s detection of the smell of marijuana coming from a vehicle establishes probable cause to search the vehicle.” State v. Luckett, No. 21-1808, 2022 WL 3064782 , at *2 (Iowa Ct. App. Aug. 3, 2022); accord State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984).
discussed Cited "see" State of Iowa v. Lydell Jerome Stewart
Iowa Ct. App. · 2018 · signal: accord · confidence high
In addressing the smell of marijuana supporting a vehicle search, our supreme court has held "a trained officer's detection of a sufficiently distinctive odor, by itself or when accompanied by other facts, may establish probable cause." State v. Watts , 801 N.W.2d 845 , 854 (Iowa 2011) ; accord State v. Eubanks , 355 N.W.2d 57 , 59 (Iowa 1984) (holding probable cause existed after patrolman smelled marijuana drifting from the car when defendant was seated behind the steering wheel).
cited Cited "see" State of Iowa v. John Charles Pickering
Iowa Ct. App. · 2017 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (“It is well established that a police officer may search an automobile without a warrant when probable cause and exigent circumstances exist.
discussed Cited "see" State of Iowa v. Walter Baylor
Iowa Ct. App. · 2014 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (finding the officer had probable cause and exigent circumstances existed to search the vehicle without a warrant when the police officer smelled marijuana emanating from the vehicle).
discussed Cited "see" State v. Simmons
Iowa · 2006 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (finding an officer had sufficient probable cause to search a vehicle and its contents based on the odor of marijuana drifting from the vehicle).
discussed Cited "see" State Of Iowa Vs. Jesse Lee Simmons
Iowa · 2006 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (finding an officer had sufficient probable cause to search a vehicle and its contents based on the odor of marijuana drifting from the vehicle).
discussed Cited "see" State v. Predka
Iowa · 1996 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (odor emanating from interior of car afforded police officer probable cause to conduct comprehensive search of car); State v. Olsen, 293 N.W.2d 216, 220 (Iowa 1980) (nervousness when search of trunk was discussed was a legitimate circumstance to consider in determining probable cause to search).
discussed Cited "see" State v. Merrill
Iowa · 1995 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984); see also United States v. Caves, 890 F.2d 87, 91 (8th Cir.1989) (although odor of burnt marijuana alone on driver is less probative of the existence of marijuana in an automobile, such odor, coupled with the surrounding circumstances, is sufficient to establish probable cause).
cited Cited "see" State v. Aschan
Iowa · 1985 · signal: see · confidence high
See State v. Eubanks, 355 N.W.2d 57, 58 (Iowa 1984); State v. Oliver, 341 N.W.2d 25, 28 (Iowa 1983).
discussed Cited "see, e.g." State of Iowa v. Jhamond McMullen
Iowa Ct. App. · 2019 · signal: see also · confidence medium
See State v. Watts, 801 N.W.2d 845, 854 (Iowa 2011); see also State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (“[T]he patrolman clearly had sufficient probable cause to search the vehicle and its contents.
discussed Cited "see, e.g." State of Iowa v. Clarence D. Blanchard
Iowa Ct. App. · 2018 · signal: see also · confidence medium
See Watts, 801 N.W.2d at 854 (“Our court has . . . held that a trained officer’s detection of a sufficiently distinctive odor, by itself or when accompanied by other facts, may establish probable cause.”); see also State v. Eubanks, 355 N.W.2d 57, 59 (Iowa 1984) (holding “the patrolman clearly had sufficient probable cause to search the vehicle” because the “patrolman smelled the odor of marijuana drifting from the car.”).
discussed Cited "see, e.g." State of Iowa v. Tiffani A. Taylor
Iowa Ct. App. · 2017 · signal: see also · confidence medium
See, e.g., State v. Cullor, 315 N.W.2d 808, 811 (Iowa 1982) (“Items in plain view within a car, viewed by police officers standing outside the car where they have a right to be, can furnish probable cause for a subsequent search of the car.”); see also State v. Eubanks, 355 N.W.2d 57, 60 (Iowa 1984) (“Once the patrolman lawfully stopped the car and had probable cause to search for contraband, all containers within the car when it was stopped were fair game for the car search. [Eubanks] had no right to insulate her purse or any other container from a lawful warrantless search by the simpl…
discussed Cited "see, e.g." State of Iowa v. Shannon See (2×)
Iowa Ct. App. · 2017 · signal: see also · confidence medium
See, e.g., State v. Cullor, 315 N.W.2d 808, 811 (Iowa 1982) (“Items in plain view within a car, viewed by police officers standing outside the car where they have a right to be, can furnish probable cause for a subsequent search of the car.”); see also State v. Eubanks, 355 N.W.2d 57, 60 (Iowa 1984) (“Once the patrolman lawfully stopped the car and had probable cause to search for contraband, all containers within the car when it was stopped were fair game for the car search.
STATE of Iowa, Appellant,
v.
Vickey Joe EUBANKS, Appellee
83-1060.
Supreme Court of Iowa.
Sep 19, 1984.
355 N.W.2d 57
Thomas J. Miller, Atty. Gen., John P. Messina, and Marcia Mason, Asst. Attys. Gen., for appellant., Robert A. Wright, Jr., Des Moines, for appellee.
Reynoldson, McCormick, McGiverin, Carter, Wolle.
Cited by 62 opinions  |  Published
WOLLE, Justice.

In this Fourth Amendment search and seizure case, we must determine the constitutionality of a warrantless search of defendant’s purse conducted as part of a lawful search of her automobile. Defendant Vickey Joe Eubanks was issued a citation on May 13, 1983 for possession of marijuana in violation of Iowa Code section 204.-401(3) (1983). Thereafter the district court sustained her motion to suppress the contraband which a state patrolman had seized from her purse. Upon discretionary review of that order, we conclude that the State established it had probable cause to search her lawfully stopped vehicle and therefore also could lawfully search the purse she had in the vehicle when it was stopped. Accordingly, we reverse and remand.

The facts of this case are essentially undisputed. On April 13, 1983 a state patrolman stopped defendant’s vehicle because it had a faulty headlight. As the officer approached the car, he detected an odor of marijuana emanating from the interior. The patrolman asked defendant to step out of the vehicle, and she reluctantly complied, removing her purse from the car as she exited. While searching the interior of the car, the patrolman observed in an ashtray a pair of forceps clasping a small marijuana cigarette. He found no other evidence of marijuana inside the automobile. The patrolman then asked defendant to .hand over her purse so that he could search it. Though defendant refused initially she relinquished the handbag upon the arrival of another officer. The patrolman searched the purse and found, hidden in a makeup case, a bag containing a green leafy-like substance which appeared to the officer to be marijuana. He thereafter issued her citations for the equipment violation and for possession of marijuana. Defendant was not placed in custodial arrest.

The district court sustained defendant’s motion to suppress on the ground that the warrantless search violated defendant’s federal constitutional rights. In this discretionary appeal, the State contends that the search of defendant’s purse fell within the automobile exception to the warrant requirement and was incident to a lawful arrest. No state constitutional issue has been raised by either party. Because federal constitutional rights are involved, we review the case de novo in the light of the totality of the circumstances. State v. Oliver, 341 N.W.2d 25, 28 (Iowa 1983); State v. Schrier, 283 N.W.2d 338, 341-42 (Iowa 1979).

A search and seizure without a valid warrant is per se unreasonable unless it comes within a recognized exception to constitutional warrant requirements, such as consent, search incident to arrest, probable cause and exigent circumstances, or plain view. State v. Lamp, 322 N.W.2d 48,[*59] 53 (Iowa 1982); State v. Schrier, 283 N.W.2d at 342. In the absence of a warrant, the burden is on the State to demonstrate that a search and seizure was lawful. State v. Oliver 341 N.W.2d at 32; State v. Ahart, 324 N.W.2d 317, 318 (Iowa 1982); State v. Shea, 218 N.W.2d 610, 613 (Iowa 1974).

It is well established that a police officer may search an automobile without a warrant when probable cause and exigent circumstances exist. See Coolidge v. New Hampshire, 403 U.S. 443, 459-60, 91 S.Ct. 2022, 2035, 29 L.Ed.2d 564, 579 (1971); State v. Holderness, 301 N.W.2d 733, 736 (Iowa 1981); State v. Olsen, 293 N.W.2d 216, 218 (Iowa 1980). Here, the patrolman clearly had sufficient probable cause to search the vehicle and its contents. The patrolman smelled the odor of marijuana drifting from the car when he approached defendant, who was seated behind the steering wheel. The odor of that controlled substance in the automobile gave the patrolman reasonable cause to conduct a comprehensive search of the car. See State v. King, 191 N.W.2d at 655.

The problem this case presents is whether the State satisfied not only the probable cause requirement but also the requirement that exigent circumstances be present. The district court sustained de- fendant’s motion to suppress on the ground that once the patrolman had directed defendant to exit the car, the exigency ordinarily present in vehicle searches had ended. The court noted that at that point, the officer could have conducted a warrantless search of the purse in either of two ways— by making a custodial arrest followed by a booking and inventory procedure, or by seizing but not opening the purse and thereby ensuring his own safety. The court concluded that the officer had not used either of those proper methods and therefore had no lawful basis for opening and searching the purse without a warrant.

We disagree with the trial court’s ruling. This court has recognized two reasons for treating the warrant requirements differently for automobiles than for other private property. One reason is the inherent mobility of automobiles; the other is the diluted reasonable expectation of privacy resulting from the “configuration, use and regulation” of automobiles. State v. Olsen, 293 N.W.2d at 218 (quoting Arkansas v. Sanders, 442 U.S. 753, 761, 99 S.Ct. 2586, 2591, 61 L.Ed.2d 235, 243 (1979)). We have adopted the United States Supreme Court statement that the exigent circumstances requirement is satisfied “when the car is movable, the occupants are alerted, and the car’s contents may never be found again if a warrant must be obtained.” Id. (quoting Chambers v. Maroney, 399 U.S. 42, 51, 90 S.Ct. 1975, 1981, 26 L.Ed.2d 419, 428 (1970)).

In addition, the United States Supreme Court has now simplified and expanded the scope of permissible warrantless automobile searches. In United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), the Court squarely addressed and answered in the affirmative the question whether police officers may open all containers found within a vehicle in the course of a legitimate warrantless search of a stopped vehicle. In Ross the police officers lawfully stopped a car believed to be carrying contraband. After ordering the driver to step out of the car, the officers discovered a bullet in the front seat. The legality of their subsequent search of the car’s interior, including the glove compartment and trunk, was not disputed. The driver did, however, seek to suppress the contents of a paper bag and leather pouch discovered in the trunk, both of which were searched and seized without a warrant. The Court found that the police officers’ search of those containers lawfully fell within the automobile exception to the warrant requirement. The Court concluded:

We hold that the scope of the warrant-less search authorized by that exception is no broader and no narrower than a magistrate could legitimately authorize by warrant. If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the[*60] vehicle and its contents that may conceal the object of the search.

456 U.S. at 825, 102 S.Ct. at 2172, 72 L.Ed.2d at 594.

That language applies equally to the circumstances of this case. Once the patrolman lawfully stopped the car and had probable cause to search it for contraband, in this case marijuana, he could lawfully open and examine all containers within the vehicle from the time probable cause appeared. The exigency inherent in vehicle search cases is not necessarily dependent on whether the driver or passenger remains in or exits from the car before or during the search. Once the patrolman lawfully stopped the car and had probable cause to search for contraband, all containers within the car when it was stopped were fair game for the car search. Defendant had no right to insulate her purse or any other container from a lawful war-rantless search by the simple expedient of physically removing the purse and its contents from the car while the search was in progress.

Defendant also argues that this search was unlawful because of the very private and personal character of the container here searched, defendant’s purse. She asks that we recognize her reasonable expectation of privacy in such a personal item which she equates with any billfold or handbag ordinarily carried by or on a person.

The Fourth Amendment has been construed in some cases to protect from search and seizure certain types of property in which individuals may have a reasonable expectation of privacy. Compare United States v. Chadwick, 433 U.S. 1, 13, 97 S.Ct. 2476, 2483, 53 L.Ed.2d 538, 549 (1977) (reasonable expectation of privacy in locked footlocker targeted for search) and United States v. Benson, 631 F.2d 1336, 1339 (8th Cir.1980) (reasonable expectation of privacy in brown leather bag) with State v. Schrier, 283 N.W.2d at 346 (no reasonable expectation of privacy in a knapsack with a loose flap which easily could be pushed aside). Our court, however, has previously commented upon the diminished expectation of privacy involved when the object of a search is a stopped motor vehicle. See State v. Olsen, 293 N.W.2d at 218; State v. Schrier, 283 N.W.2d at 342. Further the United States Supreme Court in Ross has succinctly stated and held:

[A]n individual’s expectation of privacy in a vehicle and its contents may not survive if probable cause is given to believe that the vehicle is transporting contraband.

456 U.S. at 823, 102 S.Ct. at 2171, 72 L.Ed.2d at 592-93. Regardless whether defendant would ordinarily have a reasonable expectation of privacy in her purse or billfold, that interest must yield to the State’s legitimate interest in thoroughly searching lawfully stopped vehicles for contraband once there is probable cause for the vehicle search. Contrary to the district court’s view, it makes no difference that the patrolman might have used other techniques for conducting a warrantless search of defendant’s vehicle, such as making a custodial arrest or impounding and inventorying the vehicle. See State v. Kuster, 353 N.W.2d 428, 431 (Iowa 1984). Because the State established here each of the prerequisites for conducting a warrantless search of defendant’s automobile based on probable cause, the trial court erred in suppressing the contraband found in her purse.

The State also contends that the warrant-less search of defendant’s purse was justified because the search was incident to a lawful arrest, while defendant responds that this arrest exception is limited to searches incident to custodial arrests. Because the warrantless search was justified under the automobile exception, we need neither address nor decide this second constitutional issue.

REVERSED AND REMANDED.