what are some laws about the legality of police searching your car?

Question

are they able to search compartments, trunk, take car apart, use dogs, no specific reason or able to search your car because your tail light is out..?

Answer 1

They must have probable cause, a warrant, or your consent to search your car.

Anything in plain view can give rise to probable cause. For example, if a cop sees what looks like the remains of a doobie in your ashtray, he has probably cause. If he smells dope when you open your window, he has probable cause. If he smells alcoholic beverages and you are under age, he has probable cause.

Incident to your arrest, the immediate vicinity may be searched for weapons. Anything else discovered is free game and can give rise to probable cause. A thorough search of the vehicle without disassembly (spare tire, pulling apart doors, etc.) would probably be held to be valid. That's up to the courts to finally decide though many DAs or prosecuting attorneys will toss a questionable search and avoid the embarassment in court.

They can use dogs outside of your vehicle without consent. If the dog alearts, that gives rise to probable cause.

They can't just search without your consent and without probable cause or a warrant. If you give consent, they can pretty much do anything including taking it apart completely.

Carrying out a full search for a busted tail light would be a stretch. A very big stretch. But if you gave your consent -- Oops!

Therefore, NEVER give consent. Be polite about it.

Answer 2

Yes and I'll give you some facts

1.Cars with defects i.e. lights out is a common thing encountered amongst people who use drugs.People who operate a vehicle responsibly fix these things right away.If you have a light out you are a target.Once you are pulled over you are profiled.The practice of profiling is practiced despite what you may have heard.

2.Simply denying a search to police is to them probable cause.Their reasoning is if you don't have anything to hide you wouldn't object to the search.So if you say no they assume you are hiding something

Answer 3

First NEVER consent to a search. However that could mean you sit on the side of the road while they get a dog. If they have prabable cause, they can call a dog in to search your car. If the dog doesn't sense anything you are on your merry way. But expect to sit for an hour or two.

Answer 4

Couple solid solutions right here, yet many are lacking some substantial info. You suggested he asked to seek the vehicle, then claimed he observed drugs. If he observed drugs he does not ask, nor could he would desire to, through fact contraband in common view is probable reason for the quest. because he chanced on no longer something this helps the actuality no longer something became in common view Is it legal? No because we've time-honored no probable reason. This became an unlawful seek, and a contravention of the Fourth substitute. a pair solutions reported that a bad seek isn't any reason of recourse. i'm guessing they advise a legal seek that turns up no longer something, through fact the officer concept he observed something, yet became flawed. that ought to be legal yet in effect a bad seek. An officer ought to stand criminal costs for engaging in an unlawful seek; although that's unusual through clown tournament protection. The violation of your rights to be guard from government intrusion by engaging in an unlawful (no longer a bad seek) seek could be reason for legal recourse against the officer, for violating your rights. listed right here are 2 costs from the link. "An unlawful seek and seizure could be criminally actionable and officers venture one as a result subject to prosecution" "persons who've been illegally arrested or who've had their privateness invaded will many times have a tort action obtainable decrease than state statutory or complication-unfastened regulation."

Answer 5

The catch to all of the above is that anything is probable cause. They're right about not giving consent. Remember, in real life the police can do anything they want - they are judge jury and executioner at the roadside.

Answer 6

If the dog hits on your car, your Fu*ked from that point on. They can take the car apart at will.

Answer 7

sounds like an unreasonable search to me unless they observed behavior that gave them probable cause to take these actions.

Answer 8

they have to have probable cause... if they can smell pot or alchohol they can search everything... of course i think this may depend on your state too.