In the state of ohio dose a police offiser need a warrant to search your vehicle?

Question

I had a friend get arrested for no reason and they searched his car and had no warrent and didnt read him his miranda rights i just wondering if that legal or not!

Answer 1

Geez, there is a lot of misinformation going on here. There are some close answers, though. Here goes my attempt at a fuller one:

If your friend was driving the car, was pulled over for some lawful reason (generally a traffic violation), and was arrested for some lawful reason (outstanding warrants, DUI, no driver's license, etc.), then the officers have two choices. They can allow some other person of the owner's choice to come get the car, or they can impound it. This decision is totally up to the officer. They are not required to try to let someone else drive the car, even if other passengers are there. If they choose to impound the car, then the officers will search the car. This is called an inventory search. They officers are conducting an inventory of the contents of the vehicle prior to impounding it, so that they are covered if the person later comes out and says that they had something really valuable in the car that is now missing. Things of value will generally be removed from the car and placed in a separate impound facility that is more secure than the vehicle impound yard. If they find evidence of illegal activity (guns, drugs, bloody clothes, etc.) during this inventory search, then it is completely acceptable in court as evidence.

If the person was pulled over for some lawful reason, and upon coming up on the vehicle, can see in plain view inside the vehicle some evidence of illegal activity (guns, drugs, bloody clothes, etc.), then the officer now has probable cause to conduct a search of that vehicle. This is called the plain view clause and is allowable in court. The fact that guns are not illegal and many licensed people carry them does not invalidate this search. The fact that there is a gun in the vehicle is a danger to the officer's safety and is in itself cause for the search. This may or may not include a search of the trunk, depending on what was in plain view. If it was drugs, bloody clothes, etc., the trunk will be searched. If it was a handgun and the driver has a valid handgun license, the trunk will not be searched unless there is other reasons to think evidence is in the trunk.

If the person was pulled over for some lawful reason, and the officer had some reason, which they must be able to articulate in court, to be suspicious (driver extremely nervous, lots of movement in the car, smell of marijuana or alcohol, etc.), then the officer can remove the driver and all other occupants from the vehicle. The officer will conduct a pat down search (outside the clothes) of each person. The officer is then allowed to conduct what is called a wing-span search. The officer is allowed to search every area of the vehicle that was within arm's reach to people sitting in that car. This includes under the seat, between seats, and in an unlocked glove box. If the glove box is locked, it is not considered to be within reach, because a key would be needed first. The trunk is also not included in a wing-span search, unless for some odd reason there was a person "sitting" in the trunk, or if the back seat was laid down and the interior of the trunk was within arm's reach of someone in the passenger compartment of the vehicle. Again, if evidence is found and an arrest is made, a more complete inventory search will then be conducted. Also, as a side note, if a trained police K-9 dog is walked around the car and indicates anywhere on the car, that is in itself probable cause. And the officer needs no reason to walk the dog around the car other than the original reason for stopping the car.

Also, if the officer asks the person for permission to search the vehicle and the person consents, then that is also legal. Anything found inside the vehicle is admissable in court. Yes, you have every right to refuse the officers request, the U.S. Supreme Court has ruled that the officer's do not have to tell you that when they ask for consent. If you ask if you can refuse, they must tell you the truth, but they don't have to volunteer that information unless you ask. And in fact, many officers will ask for consent even if they already have probable cause. If you agree to it, that makes it that much easier on them in court. But if you refuse, they still have their probable cause and will do the search anyway. So if they ask and you tell them no, then they do the search anyway, while it would be something your attorney would definitely want to bring up in court, it does not automatically mean the search was illegal.

And of course, the officer can search with a warrant, but you already knew that.

As for reading Miranda Rights, the officer does not have to read them to your friend until two conditions are met. The first is that your friend was arrested. Your friend was arrested, so that condition was met. The second is that the officer must be attempting to question your friend about the crime he was arrested for or any other crime. If the officer is not asking him questions or is only asking things like name, date of birth, address, etc., then the officer does not have to read him his rights.

Answer 2

Usually there is a reason for an arrest. There is a difference between an arrest (formal charges) and taking a person into custody (temporarily detained on site). As you do not give many details in your question follow-up. I can only assume that your friend was pulled over. When pulled over by any officer, the officer will state to the driver the reason for the stop. Once stopped by an officer I strongly suggest that a driver and his/her passengers be polite but only answer questions that pertain to being stopped. Answer no others. Questions like "where are you going" have NOTHING to do with being pulled over for a traffic violation. If an officer has probable cause to suspect that a crime has been or will be committed where physical harm can be sustained by the officer or the population at large, they can then search the vehicle and its passengers. However, should no reason for the stop has been offered by the officer then, when asked if it is OK to search the car the answer is NO. The car is a personal possession, the right to drive on state roads is granted by the state of residence and is NOT a given right. It may be revoked by the state as the state deems fit under the provisions of the state laws.
Ask for the ticket, if any, offer proof if ownership (registration ID ), drivers license, and proof of insurance if required. Always be polite, always remember your friend is NOT guilty until proven so in a court of law. Take the ticket and wish the officer a nice day. Remember he or she as the case may be has a job to do. Your friends job is to follow the laws of the state he/she resides in. Also, be very mindful those laws are there to protect your friend too. In this case, your friends, I would highly suggest that the courts take care of any infraction, if one occured.
Always remember your friend still has some (not many) rights left.

Answer 3

2

Answer 4

The simple answer is no. The U.S. supreme court only requires police to have probable cause to search a motor vehicle due to the mobility exception and reduced expectation of privacy in a motor vehicle.(no warrant needed) If the police have PC to search they can search the entire vehicle in which they have PC. They can search any container regardless of ownership of the container.
There is two other kinds of vehicle searches.
Search incident to lawful arrest. If your friend was arrested the area of the vehicle that was under his immediate control can be searched on the basis of lawful arrest.
The last is called a "Terry" search or a vehicle weapons search. The Officer needs only reasonable suspicion, which is less then probable cause to visual search the vehicle for weapons.

Miranda rights only come into play when the suspect is under arrest and question about the crime in which he is arrested for.

Answer 5

Once placed under arrest, they can search.

HOWEVER, they do not have the right to search the vehicle just because they pulled you over.


No Sun is wrong. You always have a right to refuse a search. Period. They may still search, however, in court, you will have a VERY good chance of getting any evidence they find tossed out. "Probable Cause" must be stated and clearly defined. "I saw a piece of parphanallia in plain site." "Subject acted eratic" (trooper's cars all have video now) Pulling a vehicle over is NOT probable cause. You may end up arrested, however, you will still have a day in court.

Cops will use every trick they have to get you to say "Yes" to a search (that's because they KNOW they don't have the RIGHT to just search you!!!!), however you should always and I do mean ALWAYS say "NO". Even if there is nothing to hide. Call the Cop's bluff. "Sir/Ma'am, I'm not giving you permission to search my vehicle." Do not refrain from this sentence. Make sure you say it loud enough so that their mic's can catch you saying that, and make sure the cop knows that's why you are talking loudly and clearly. Once again, they will do whatever the fvck they want to do, but you will get your day in court.


Ask ANY defense attorney the same question, and they will give you similar instructions. Just like this one: NEVER EVER Give a breathalyzer test. You'll lose your license for a bit automatically, but it's much easier to avoid the DUI.

Answer 6

Car searches are warrantless. The only time a police officer may search your vehicle is either with your permission, or if he has probable cause that a crime has been, is being, or will be committed. His rationale for probable cause must be able to stand up in court. This is a US Supreme Court ruling.

Routine traffic stops do not give officers probable cause. Anything in plain view of the officer could be used to determine probable cause, such as empty alcohol containers or any evidence of foul play, such as blood.

Answer 7

Arrested for no reason, or arrested because in your opinion there is no reason....

No Miranda rights? Did he say anything to incriminate himself? If not, so what? The Miranda warning just informs you of the rights to attorney and to keep your mouth shut.

As for the search, if there is probable cause or reason to impound, there can be a search.

Answer 8

anybody is incorrect so some distance. The fourth modification is probable no longer implicated right here. a individual who isn't a resident in the living house many times has no fourth modification protections, so no seek warrant is mandatory by making use of the cops to pass in an arrest as to the boyfriend. at the same time as an over night visitor might have a valid expectation of privateness below the 4th modification, a individual who's basically there probable does not. right here, you had the place of living, no longer the boyfriend. The boyfriend, whom i assume became into no longer living there or staying in one day, has no expectation of privateness below the Fourth modification. The rights violated are your rights, no longer his, yet you haven't any longer any status to *****, because of the fact which you weren't the single arrested. Now, had the cops entered your living house and located drugs sitting on your kitchen table, it is a distinctive tale. of direction, if the medicine belonged to you AND your boyfriend, the medicine must be suppressed as to you, yet no longer your boyfriend, because of the fact which you have an expectation of privateness and he did no longer. besides the fact that, if the cops are in warm pursuit, they might enter your house of living, see the medicine, after which you does not have the skill to suppress the medicine. yet many times, the warrant is mandatory if the cops opt to obtain evidence of a individual who has a valid expectation of privateness at the place of living the cops opt to seek. If the boyfriend have been staying there in one day, he might have an expectation of privateness, so the arrest could be undesirable. A seek of the place of living to discover him violating the order could be undesirable. If the restraing order became into nevertheless in place, he had no expectation of privateness whether he became into making plans on spending the night. He wasn't meant to be there and probably he knew that.

Answer 9

It really depends on the circumstances. If your friend was driving while impaired by alcohol or drugs, or APPEARED to be, then te arrest is good, and the cop had probable cause to search the car.

Answer 10

its legal, if they had probable cause to search it, and miranda rights dont have to be read to you on scene, only before interrogation. he probably got arrested because he had a warrent out for his arrest.