I really would like to know this answer because my b'f got pulled by the police yesterday! They let him go but someone told me they can't search it without a warrent.PLEASE HELP!
2006-08-06 11:13:48 · 21 answers · asked by play b 1 in Politics & Government ➔ Law Enforcement & Police
In short "Yes" the police CAN search a vehicle without a warrant. HOWEVER they must have "probable cause" BEFORE they perform the search.
Example - a robbery just happened. The suspect vehicle matches the one your BF was driving AND your BF matches the physical description of the suspects. THEN the police would have "probable cause" to search.
IF, HOWEVER the police FIRST search the vehicle WITHOUT cause and THEN discover evdience. That evidence should NOT be admissable in court, because it has been "tainted" - - known as the "fruit of the poisonous tree doctrine".
IF your BF falls in the 2nd category, you might want to consult with an attorney.
You can chat with a lawyer online for free. I have found many good answers at http://www.Prairielaw.com
If you just want to find a local lawyer, then I would visit http://www.Lawyers.com & query your specific state.
Good luck & hope this helps. ☺
2006-08-06 11:26:32 · answer #1 · answered by *??SnowShoer1??* 3 · 2⤊ 0⤋
If the police have probable cause, then they can ask for the trunk to be opened. Reasons for probable cause include, but are not limited to, driver attempting to evade the police, driver acting unusual, unusual noise from trunk, damaged trunk, or an ongoing amber alert.
If the police have other suspicions about a vehicle, they are more likely to impound the vehicle than to wait for a field warrant to be issued. As far as being pulled over, the very act of being pulled over in the first place indicates suspicion of a crime. Since there was no speeding ticket, there must have been another suspected crime or traffic offense in progress to bring the police attention to your boyfriend.
2006-08-06 11:24:45 · answer #2 · answered by Jim T 6 · 1⤊ 0⤋
You can deny them permission to search your vehicle. If they didn't ask, there may be an argument. If they asked and you told them to go ahead, you definately don't have an arguement. Also, note that last month it was established that anything found whether or not permisssion was given, is now admissable in court. Good luck!
2006-08-06 11:21:30 · answer #3 · answered by profile image 5 · 0⤊ 0⤋
They need probable cause to search unless the driver of the vehicle gives his consent. However Police always lie, they'll just say they saw the "suspect" hide a pot pipe. Or the classic I smelled pot in the "suspects" car. Or the driver was acting suspiciously.
Since most cops are corrupt in one way or another the next time a cop pulls you over and asks to search your vehicle JUST SAY NO!!!
2006-08-06 11:24:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes an officer can search a vehicle without a warrant but only if he/she asks or has probable cause for said search..
the reason an officer can search a vehicle without a warrant is it is considered a moving structure and due to its mobility a warrant would take to long to get to the scene
2006-08-06 22:49:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
They aren't allowed to but some times cops get away with it because people don't know all their rights
2006-08-06 11:18:36 · answer #6 · answered by phillyhottie000 2 · 0⤊ 0⤋
Yeah they can. If they feel that they really need to, they can ask the person to open the trunk, or if the driver is already in trouble, say the car is part of a crime and the car is impounded, they can search wherever they want in the car.
2006-08-06 12:19:24 · answer #7 · answered by go UCLA bruins! 3 · 0⤊ 0⤋
Legally, in the United States, if he is asked and asks if there's a warrant, and the officers say no, then the driver does NOT have to allow it. The same as if they knock on your door without a warrant.
2006-08-06 11:27:19 · answer #8 · answered by CheriDonna 5 · 0⤊ 0⤋
Its called probable cause
If they see evidence in plain sight or a detection dog signals twice, they have probable cause to search the vehicle.
If he runs, well he'll get searched.
2006-08-06 11:18:59 · answer #9 · answered by Archer Christifori 6 · 1⤊ 0⤋
Cops can't go out of their way looking for evidence of a crime unless they have a warrant.
However, if the evidence of criminal activity appears before them, they can look further into the scene.
2006-08-06 11:23:57 · answer #10 · answered by Mr. Been there 4 · 0⤊ 0⤋