Frankie59 is incorrect-a vehicle is considered an extension of your dwelling, and is almost gauranteed the same 4th amendment protections-it doesn't matter where it's parked.
Here's most ways an officer can legally search (cars or most anything) in most cases;
1. Probable cause (plain view (blood, weapon, contraband, suspected stolen property, etc.,/plain smell (drugs, dead body/etc.) or does car fit description of vehicle used in felony (they'll usually secure it and get a warrant)? Here's an interesting vehicle search tid-bit; firearms casings. If the officer sees a fire arms casing in (or perhaps around) the vehicle, it's PC or at least reasonable suspicion to believe there is a firearm in the vehicle or on the occupants (this would be very reasonable-courts have always favored the officer on these grounds, as an officer should not have to find out the hard way that the casing or bullet goes to the gun within someone's reach!)
2. Incident to lawful arrest
- Did RO (registered owner) get arrested IN the vehicle? It can be searched, usually incident to impound/tow inventory)
3. Impound/tow inventory
- Is vehicle getting towed? Officer should inventory (search) Also, in some jurisdictions, failure to provide an officer with registration and insurance is a towable offense, and the officer can search (impound inventory) for evidence of said insurance and registration in consoles, glove boxes, etc.,) and list property therein to reduce his liability.
4. Warrant
5. Consent (this alone is a broad and hotly debated topic, as consent is often argued as "coerced")
6. Exigent circumstances (not exactly a reason unto itself, it "enhances" officers PC to search or get a warrant. The vehicles mobility alone has been argued in the past as an exigent circumstance)
7. Safety/Terry Frisk of vehicle (if officer can articulate fear for his safety somehow, he can search you and anywhere in vehicle within your reach (glove box, console, under drivers seat))...yes-your car can be "frisked" for officer safety.
8. Abandonement (abandoned vehicles get an impound inventory if the cop can get inside to inventory).
Hope this helps!
Cheers
2006-09-01 12:18:29
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answer #1
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answered by Eliphas C 2
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i'm not sure if the police cabn eliminate a automobile from inner maximum property with out criticism in Mississipppi. If the police reported they might, I also have a tendency to have self assurance them. extraordinarily because of the fact which you spole to a severe score offcier. even nonetheless, i'm not sure waht distinction it makes, because of the fact that's obvioulsy you fault it occurred interior the 1st place. enable's examine out each and each factor. a million) You have been parked at your friends homestead. 2) your automobile became vandalized 3) the police investigated, and located that it became exceptionally in all risk the your "buddy' had executed the wear and tear 4) the police have been no longer able to arrest your buddy (i might think of that there are some information in this section which you the two did no longer proportion with us, or you don't comprehend. possibly the police did no longer have adequate evidence to arrest) 5) Now we get to the solid section: You drove the automobile to a 'apartment property 3 blocks away" Why did no longer you purely bypass homestead? 6) the police difficulty you tickets for utilising below suspension and no coverage Why have been you utilising interior the 1st place? do no longer attempt to let us know that it became a marvel that your license became suspended? and how with regard to the coverage? 7) the police tow your automobile away it would desire to be the undeniable fact that that's a "uninsured automobile" that provides the polcie the authority to tow it you notice, no remember what occurred, it would desire to have all been prevented interior the beiginiing by ability of you no longer utilising mutually as your license became suspended.
2016-11-06 06:04:48
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answer #2
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answered by winstanley 4
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You only have an expectation of privacy at your own home or residence. Searching your car parked at someone elses house does not require a warrant, if other circumstances are present. Such as car parked in private lot where you don' t have permission etc.
2006-09-01 11:01:25
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answer #3
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answered by frankie59 4
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only if they have a warrant to search your car or probable cause. lets say they thnk they see a gun poking out form under the seat, well that is probable cause for them to search your car without a warrant. But if you have done nothing wrong or they can t see anyhtng in the car that could be a danger or what not, then no they'd have to obtain a warrant!
2006-09-05 04:03:12
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answer #4
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answered by Anonymous
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Yes, if the officer has 'probable cause'. and this may include what was going on before the driver or vehicle pulled into the lot. Was there a moving violation involved?
2006-09-01 10:46:55
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answer #5
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answered by James W 1
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Well, they need a warrant or probable cause. Of course, they can run a license plate check on your car with no probable cause and what they turn up may soon be probable cause. LOL. That's the easiest way for them to do whatever they want.
2006-09-01 10:41:14
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answer #6
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answered by angrysandwichguy1 3
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Yes, if the officer has probable cause. This is a subjective assessment but most officers are well enough trained that they can come up with a cause even if it's shaky.
2006-09-01 10:37:42
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answer #7
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answered by Paul D 5
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Yes, if they are looking in plain view or if they have probable cause. Most of the time they will ask and are given permission first. Most people are too nervous to say No
2006-09-01 10:40:39
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answer #8
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answered by Sandy C 2
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If they have reason to be on the property and something in plain view gives them pobable cause. Otherwise they need a warrant, and if they don't have probable cause, they won't get one! This isn't Nazi Germany yet!
2006-09-01 10:37:37
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answer #9
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answered by cantcu 7
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You havent given enough detail of the incident to give you an accurate answer.
2006-09-01 10:52:22
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answer #10
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answered by tgace 3
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