Can police search your vehicle if...?
The probationary status of your passenger does not negate your US Constitutional rights to unlawful or unreasonable search. A cursory search of your car was enough to determine if your passenger was in violation of probation. That means looking at the interior, seats, floor, etc. It might even include searching your passenger's person for weapons, drugs, or open alcohol. It does not include searching your pockets, purse, glove compartment, etc. By law, they need a search warrant for that, unless they have "probable cause" to believe a crime is being committed. Your pockets are definitely out of the control of your passenger and has nothing to do with his/her probation. They either need your permission or "probable cause" to search those areas. Probable cause is defined as- "facts and circumstances that would lead an normal person of reasonable intelligence to believe a crime is being committed". For example, if the police smelled marijuana in the car or on your clothing, they would have probable cause to search for marijuana. If they saw an empty-brass shell casing on the floor, they might have probable cause to search the vehicle for a firearm. The fact that your passenger is on probation does not qualify as probable cause to search your pockets or trunk. The police cannot assume a crime is being committed simply because your friend is under probation. You were hoodwinked by the police. Unfortunately, there is not much you can do about it without evidence. It will be your word against theirs and the courts will believe them first. You do not lose your rights because someone else is on probation. .
Can a police dog search my car for drugs with my dog in car?
They’d probably ask you to remove your dog from the car. My previous experience with my dogs when police dogs were around - police dogs absolutely ignore pets, and pets just stare at police K9 in disbelief.
Do police have the right to search a commercial vehicle without consent?
The officer stated that he smelled a strong odor of marijuana in the vehicle.However my co-driver had been in the truck longer than me and did not smoke marijuana and stated that he didn't smell marijuana.I had just come off of my hometime and I had only been in the truck for a few hours.I did not bring any marijuana with me but I had left my shower bag in the truck and forgot to take it off whenever I took my home-time.So The truck was parked at my co-driver's house.The officer climbed into the truck and started looking through my personal effects and came acroos a small amount of marijuana and a pipe that was in the shower bag.Keep in mind that he did not ask to search and at the time he did not state that he smelled marijuana.He only put that he smelled marijuana in his report.But he never made any statment to me or my that he smelled anything.
Should you allow the police to search your car?
This is a pretty open question, so I’ll address this a couple ways.If you are stopped by an officer for speeding, but not criminally. In many locations in the US, 15+mph over the posted speed limit becomes a criminal offense, but doesn’t always warrant arrest. You get a ticket and the officer asks if he can search your car. I’d advise you to inquire as to why he would want to search the car, but I’d still say no. Unless there is reasonable suspicion to search, No means no and if he cannot provide a valid reason, you simply ask if you are free to go and be on your way. However, right or wrong, if the officer asks you out of the car, you tell them they cannot search your car, but they do anyway, DO NOT INTERFERE. Restate you do not give consent to search the car. Interfering WILL get you arrested for a slew of possible offenses. Let them search. IF they find anything illegal, you get arrested, but DO NOT RESIST. Don’t answer questions until you have an attorney.Believe it or not, this was a scenario taught in the academy. Even as an officer, you let the other officer search and you don’t resist. An unlawful search is a civil rights violation and anything they found would be inadmissible.If you are stopped for erratic driving, the vehicle reeks of alcohol, and the officer smells you’ve consumed alcohol, you fail the field sobriety tests, you’ll be placed under arrest for, at least initially, suspicion of driving under the influence, and your car will need to be towed. You car WILL be searched - incident to arrest - and anything illegal will now be new charges.No criminal act = you do not have to give consent and the officer is not allowed to search.Criminal act = automatic search incident to arrest. No consent required.
Illegal Search of vehicle after car accident-My son was in a car accident and the other driver charged for...?
the wreck which totalled my sons truck. The police told my husband the other driver was DUI but did not charge him and let him get a ride home. There was no probable cause for the police to search my sons vehicle which they did with out consent. The first two officers found nothing. The third started pulling apart my sons truck and found a bong under the pass side seat and my son is now charged with possession. Per the police since the vehicle had to be towed they need to do this search for an inventory list and are able to search the vehicle without asking consent. However now they can not provide me with an inventory list. I feel this was an illegal search and they where targeting my son because of his age. Do the police have the right to search a vehicle because it is being towed? Please advise
Can a police search your car without a warrant?
Can an officer search a motor vehicle without a search warrant? Yes (in fact it is exceedingly rare for an officer to need a warrant to search a vehicle - - unlike a home) Under what circumstances can an officer search a vehicle without a warrant? The officer must have probable cause (or he is 51% sure) that evidence of a crime or contraband is in the vehicle. http://en.wikipedia.org/wiki/Probable_ca... What court decision upholds the legal authority of an officer to search a vehicle without a warrant? http://en.wikipedia.org/wiki/Motor_vehic... Would an officer ever get a search warrant for a car? It is very rare, but can be done. Typically the car is towed, impounded and stored at the owners expense until the warrant is executed. Is there any other way an officer can legally look in your car? Yes An officer can perform a "protective sweep" of the area around the driver if he was afraid you might have a weapon. United States v. Brinsen, 2007 U.S. Dist. LEXIS 47413 (E.D. Va. June 29, 2007), An officer can also inventory everything in your vehicle prior to having it towed or impounded. This would include the trunk and containers. It is not intended to be a search, only to protect you from an unscrupulous tow truck driver - if your personal property later came up missing. http://www.patc.com/weeklyarticles/az_v_... You sometimes see this if the vehicle isn't street legal (windows are tinted, brake lamps are painted or suspension has been unlawfully altered). Hope this helps
Can the police legally search a car after an accident, without the driver's consent?
Not that I'm aware of, the exception being in cases where the offending vehicle is disabled due to damage and must be towed away from the public roadway.In those cases, police aren't necessarily searching for drugs/weapons, per se, though they aren't not searching for them, either. Actually, the main reason they search disabled vehicles while they wait for the tow truck to get there is because, much like filing a narrative report, police officers are required to take inventory of the belongings inside the wrecked vehicle for the driver’s own records. This is to give the driver an objective list to refer to in case they later suspect that any of their things have been stolen out of their car by the riff-raff at the tow yard.So basically, it's just a paperwork thing, and they hand you the inventory list along with a copy of your citation, the signed tow slip, and your license/registration/proof of insurance once they've recorded all the details and you've cleared a warrant check.But otherwise, the answer is no.
Can the police search my car on a private property?
Depends in which country.In some countries they need to get a warrant.In America for instance, they need to get consent, a warrant or have “Probable Cause”A few things can fall under “Probable Cause” such as they police have a Be On the Look Out or BOLO that a car matching your cars description was used in a crime, they can see something inside it that is illegal or gives them a reason to look inside it(If you cut yourself and you used a cloth to stop the bleeding and they see a cloth with blood, that is enough) plus a few other things that an american can answer in more detailA warrant signed by a judge allows them to search the car.Read the warrant carefully, a error in it such as car color mades the search null and void.Let the cops search if they find anything it is null and void due to an illegal search.If they ask can we search, and you say yes.They can.If they just drive up, enter your property and search this is illegal.Trespass, vandalism and theft are crimes they’re committingBut they will never be charged for these crimes as a blue shirt and a copper and zinc alloy shield allows you to do what ever you like
Can police search a parked unlocked car?
With probable cause? Yes. Of course with probable cause, or a warrant (a search warrant is never needed to search an operating automobile) they could search it if it was locked. They'd be authorized to break in. If you mean just search it simply because it was unlocked. Uh....no. Well, if it was being impounded for some reason such as being illegally parked or because it was abandoned yes. But that's an "administrative inventory" not a "search" as far as the courts are concerned. A thumbs down, interesting. I guess they're not familiar with the automobile exception clause that has been around since the 1920's due to the U.S. Supreme Court case U.S. v. Carroll. If an officer has probable cause to search a vehicle, and the vehicle is operational, a search warrant is NEVER required.