A Look at the Legal Environment for Driverless Vehicles (2016) / Chapter Skim
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Pages 41-46
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41 V CRIMINAL LAW AND PROCEDURE Driverless vehicles will develop a complicated, multifaceted relationship with federal and state criminal law and procedure.336 These devices may lead to the recognition of new crimes, even as they reduce the overall number of traffic infractions and other crimes committed with automobiles.
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42 1. Reassignment and Recasting of Criminal Liability In some contexts, driverless vehicles eventually may lead to the reassignment of criminal liability from its current bearer to someone (or something)
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43 state might work toward this goal by permitting the use of a Level 3 vehicle in situations where it would be impermissible to drive or operate a vehicle that requires more human engagement. But other states may regard the ability of human user to reassert control over even a Level 3 vehicle as a sufficient basis for a DUI offense.
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44 6. Federal Crimes The discussion above presumes that states will continue to occupy the lead role in crafting and enforcing criminal laws applicable to motor vehicles operated on the highways.
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45 while another five (one justice joining both camps) would have held that the prolonged use of the GPS device under the specific circumstances presented (involving an investigation of suspected narcotics trafficking)
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46 There also exist other discrete circumstances in which vehicles may become subject to government inspection without a search warrant, such as when a vehicle enters the country through an international border.374 In many circumstances, these warrant exceptions will apply to driverless vehicles just as they do to conventional automobiles. In other cases, however, the nature of the evidence that law enforcement officers may seek to obtain from driverless vehicles may complicate the necessary Fourth Amendment analysis.
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