alright i was at a party and it got raided, the cops started arresting people and i was one of them, they grabbed my keys and opened and searched my car without my permission. i was no where near my car.
2006-10-02 15:28:19 · 20 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
They are not allowed to do that. Even if they have what they call "reasonable suspicion" they have to either get your permission or have a warrant. There is an old saying, if you do not know your rights, then you don't have any. You didn't know, which is probably what they thought and now there really is nothing you can do about it. It is your word against theirs.
2006-10-02 15:35:43 · answer #1 · answered by Anthony L 3 · 2⤊ 3⤋
You do not have to be in the car for the police to search it but they must be able to articulate that there was a reason to do it without a warrant. If what you are saying is the entire truth then it sounds like it was a bad search. You did not mention if they found anything so I'm assuming they did not, which kind of makes the point moot. You probably have a case for a civil rights violation later on, but I don't see that it will affect the criminal case against you now.
2006-10-02 15:40:57 · answer #2 · answered by Mike 3 · 1⤊ 0⤋
First of all they can enter into your car without your permission,but listen carefully they need probable cause which is never hard to find. Second they only need a warrant to search your trunk.
Here is my question if they came in and raided the party, then took your keys, how in the hell did they know which car to search without you pointing out to them, or guess what they have been watching you for some reason.
Your story has alot of holes in it. They had to have a reason to arrest you other than you were just at a party. No cop is going to risk his badge just to take someone in without charges.
Get a lawyer it sounds like you really need one.
Good Luck
2006-10-02 16:35:42 · answer #3 · answered by withoutaname 2 · 0⤊ 2⤋
More details would make this a little clearer, but there are circumstances in which they can search your vehicle without a warrant or your consent.
As you were arrested, they could impound your car and they would do an inventory search prior to impounding. Anything they found during that search is legally found. The police may be able to justify other exigent circumstances which would allow a search, but from your story I don't have enough details.
2006-10-02 17:32:25 · answer #4 · answered by WildBill846 2 · 0⤊ 0⤋
There's not really enough info to help me determine if he had probable cause to search your vehicle. If it was being impounded subsequent to your arrest then yes, he needed to search / inventory the vehicle. If not, and he did not find anything illegal on you when he patted you down, probably not. An officer still needs probable cause to conduct a vehicle search. What were you arrested for? Were there drugs in use at the party that the cops had knowledge of? Were you too young to be drinking?
You need a lawyer.
2006-10-02 15:38:55 · answer #5 · answered by Anonymous · 6⤊ 0⤋
They arrested you, so nothing in there can be entered into evidence without:
a. Your consent
b. A warrant
If you say, "I consent to no searches," when they try to search you, you are good. Also, you should question:
a. Why they are arresting you.
b. If you can leave.
If they arrest you anyway, get a lawyer. They asked for it.
I am quite lucky that cops in my city and county respect rights for the most part. The state and neighboring town, though, you are lucky if they don't shoot at you.
2006-10-02 15:55:14 · answer #6 · answered by Dick Nixon 2 · 1⤊ 0⤋
If the officer found any type of contraband on your person then they had probable cause to search your vehicle, there are a number of reasons that would allow them to search a vehicle. If you or your friends were underage then they could search for illegal possession of alcohol, illegal transportation of alcohol, if any type of drugs were in plain view at the party it would give probable cause to search all vehicles on the premises. If a police officer looks into your vehicle and can see any type of contraband then they could search without a warrant.
2006-10-06 13:20:59 · answer #7 · answered by daydoom 5 · 0⤊ 0⤋
No, that is not allowed. You can only be searched if you are arrested lawfully.
Search of vehicles may be allowed only at properly marked police check points but limited only to a visual search (meaning, NO TOUCH!)
Raise it as a defense. Anything that is found or discovered as a result of an unlawful search is inadmissible in evidence for "being the fruit of the poisonous tree"
2006-10-02 15:41:34 · answer #8 · answered by Jomaxee 2 · 1⤊ 2⤋
I'm unclear on the specifics...but if they took you into custody, they became responsible for your car (because you had the keys when they took you into custody.) If so, they had the right to search it, inventory the contents, and/or have it towed.
Understand that I am assuming quite a bit to answer this question, so I agree with the previous advice...you should get a lawyer.
2006-10-02 15:40:42 · answer #9 · answered by mathguy_99 2 · 1⤊ 1⤋
Yes. Most drug search warrants include the house and the vehicles in/on the curtailage (which is the area surrounding the house).
Sounds like you need new friends and quit the dope.
2006-10-06 09:57:25 · answer #10 · answered by Eddie 4 · 0⤊ 0⤋
They can not just search you vehicle. Even if you were pulled over for a traffic violation they would either have to get your permission or they could detain you until they got a search warrant. anything they find in the car can not be used against you if you did not give them permission to search it.
2006-10-02 15:39:04 · answer #11 · answered by nana4dakids 7 · 1⤊ 2⤋