Can the police search and take things from the scene of a car accident without a warrant?

Question

I had an accident, and the police came and did whatever. But they found weed in the tire well. Since they did not have a warrant, can they take it as evidence and charge me with posession and trafikking?

Answer 1

A couple of caveats to your question and my answer, If you were not arrested for the possession at the time the evidence was discovered, that plays into this and changes my answer somewhat. Any illegal contraband found in appropriate circumstances is fair game for confiscation. I have never heard of a police officer returning an illegal substance to the possessor regardless of the intent to prosecute. Some cops are reasonable and consider the effect of thier actions on the individual, but still remove the substance from thier possession. If your car was searched for probable cause (investigation of the causal factors of serious traffic accident fits this requirement quite nicely), especially if investigating suspicion of you being under the influence, they can and will search your car. They can obtain whatever evidence that exists at the scene and they can and will use it to prosecute you. Depending on quantity and where you are, you can expect the possession charge if you were the owner or operator of the car and the trafficking charge if there was sufficient quantity to demonstrate possession in quantities larger than for personal use. Sounds like you better get an attorney. I would also suggest not posting anymore questions about your case online, that too is fair game as there is no expectation of privacy when posting comments in a public forum. You should tell you attorney about this post as well and do whatever he tells you to with regard to public commentary about your case.

PS. There is nothing worth your freedom especially not a quick high, you can choose to be high and possibly be sitting in a jail somewhere lamenting your decisions. Those decisions are yours to make.

Answer 2

First, I am not an attorney so take my advice with a grain of salt. A cop can search your car is he has probable cause (you looked suspicious, weed was in plain sight, the car or someone in your party had an outstanding warrant, etc.) They can also search your car if you gave them permission. Without more information I don't think I could tell you much more than that. It definitely sounds like you need an attorney. If you haven't already said anything to the cops, don't start now.

My favorite saying (what a fish mounted on a wall would say if he could talk): If I would have never opened my mouth, I would have never gotten hooked

Answer 3

The court case U.S. v. Carroll says that due to the mobile nature of a car, the police do not need to get a warrant to search it, provided there is probable cause to search. The K9 alerting on the car (or the officer smelling drugs himself) provides that probable cause, and they can then search the vehicle. They are not limited to any one area of the car in the search. You also forgot to mention what did they find when they searched the car? I bet it was something illegal...

Answer 4

yes they can, police can do whatever they want to just because they carry a stupid little badge. However, you should attain a lawyer and a dam good lawyer at that. a good lawyer will have the evidence thrown out because they had no probable cause to search your vehicle if you were not under the influence of anything. My brother had a similar problem, the police claim they had a search warrant and actually did not, they found loads of cocaine in my brothers friends' car. the police were actually looking for my brother who was in a store at the time and his friend was in the parking lot waiting for him. they searched my brother and then went to his friends' vehicle and searched it also without a search warrant. this is illegal but it is often done. we paid a goooooood lawyer $7000.00 and all of the evidence was thrown out because an illegal search was conducted. PLEASE PAY A GOOOOOOOD LAWYER IF YOU CAN AFFORD IT BECAUSE IF NOT THEY WILL RAILROAD YOU.
LOTS OF LUCK

Answer 5

Yes they can, you were in an accident they don't NEED a warrant to search for the cause of the accident, and whatever they find (especially drugs) can be considered a cause for the accident. You're screwed

Answer 6

Yes. It was an accident so the police can claim that it was part of a routine investigation into the cause of the accident. They have the right to take anything, as long as they have reasonable cause to look...the accident constitutes reasonable cause....Sorry! maybe you should stash your weed elsewhere.

Answer 7

Yes, they can all they have to do is probable cause to search your car. And since you were involved in an accident this is reason enough to search. And they can charge you with possession and also trafficking if you had it in individual wrappers or containers. And they can also charge you with intent to sell. Good luck and God bless****

Answer 8

well they have the right to investigate the accident and what caused it and if they see anything in plain view then they can, now if a drug dog is there and hits on it then ya. but police do whatever they want to anyways

Answer 9

If the accident resulted in your vehicle being towed then you're toast. If the area in question was in plain sight of the officer during the course of his/her investigation then you're toast.

Answer 10

yes and tey can take evidence and keep it for themselves basically anything they like just tell the "pigonaughts" or true cops about the not so "up tight" cops.

but remember too many uptight cops are bad for a community