Should evidence found in a vehicle, without a warrant be admissable in court?

Answer 1

Depends on what that evidence is.

Answer 2

This point has been rehashed to death by appellate courts. The end result is that in certain situations the answer is yes, evidence found in a vehicle, without a warrant, is admissible. The most obvious example is the 'plain sight' exception. Any evidence visible in plain sight is fair game.

One more point. The issue here is not one of probable cause. For example, if a cop walking a beat looked into your car (parked on the public way) as you were getting into it, simply observing as a cop walking a beat is supposed to do, and saw a machine gun (or any other clearly illegal item) in the back seat such that it was in 'plain sight' he could seize this evidence without a warrant. Probable cause never entered into the situation. The 'plain sight' rule is what's important.

See Texas v. Richardson

Answer 3

It depends on the kind of evidence, how it was obtained, and where it was in the car. If the owner of the car consented to a search of the car, a warrant isn't necessary. If the evidence was visible from outside the car and obviously related to a crime, a warrant would also not be necessary. Otherwise, the evidence should not be admissable.

Answer 4

If it's in plain sight or there is reasonable cause to enter the vehicle without a warrant such as screaming from the trunk

Answer 5

i know in the state of missouri things found in a vehicle when they pull you over yes indeed can be used in court..i know of crimes people do not commit up here. but you end up taking a plea bargain for something you did not even do.. and pay all the money out for court cost.. i do not know what is in the prosecuters minds in this state.. and some of those that should be prosecuted get off.. it makes no sense to me the crooked ways the world is getting..

Answer 6

The typical rule is called the "Plain Sight" doctrine. If something illegal is in your vehicle, in plain sight, that would give the officer probable cause to search your vehicle. Then anything found can be used against you. Also, if the officer smells marijuana or other suspect odors, that can provide probable cause.

I agree with this doctrine.

Answer 7

Code of Criminal Procedures
Art. 14.01. [212] [259] [247] OFFENSE WITHIN VIEW.
(a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view. I don't know about should, but here it is for "may and shall" from judicial point of view.

Answer 8

No be cause you havent told the judge or the jury that youve entered this evidence into the case

Answer 9

If the law had a reasonable cause to search the vehicle, then it is.

Answer 10

I think this is where probable cause comes into question. If police have reasonable suspicion that there is something funny in your car, they have permission to search it, but only if the vehichle is on a public roadway, or so I think.

Answer 11

Just went through this myself and the only thing i have to say is this " THERE THE LAW " they can say and do whatever they see fit , if they can't find it , they will plant it. Texas Law Sucks and so do the police....