I understand they can search your house if they have a warrant, but are the laws different concerning your person/car?
2006-12-19 20:08:24 · 17 answers · asked by [ΦΘΚ] PIяATE 4 in Politics & Government ➔ Law Enforcement & Police
Depends. Police need probable cause to search you.
By the way, probable cause is subjective.
2006-12-19 20:09:53 · answer #1 · answered by RiverGirl 7 · 2⤊ 0⤋
This does not vary by State Law. This falls directly under the 4th amendment to the Constitution. They can search your car or person if they have reasonable suspicion, but your house usually requires a warrant excpet for under extingent circumstances.
For the guy who said that a warrant requires probable cause and Due Process, that isn't true. Due Process really has nothing to do with obtaining a warrant. All that is required is the the officer must present enough probable cause in a signed affidavit to a detached and neutral judge to obtain a warrant. The warrant has to be specific as to the place to be searched and the types of things to be seized.
2006-12-20 02:51:46 · answer #2 · answered by On Time 3 · 1⤊ 0⤋
It depends. As a general rule, the police cannot search anything without a warrant, but their are exceptions to this rule. For example, if you give your consent, they don't need a warrant. If the police develop probable cause to search a vehicle that is readily mobile, they don't need a warrant.
If the police are impounding your vehicle for some reason, they can inventory the contents for liability reasons. This is not a search, but evidence of criminal activity found during the inventory can be used against you.
2006-12-20 06:12:10 · answer #3 · answered by dogguy 2 · 0⤊ 0⤋
There are many (provincial and federal) laws that govern the search of persons and places.
The Ontario Highway Traffic Act lets us search for radar detectors (in car).
The Ontario Liquor licence Act lets us search a vehicle (if a LLA violation was observed in the car, ie open liquor in vehicle).
Other than the ones mentioned above, the laws for search of persons/cars is actually the same as the ones used to search your house. The police must have RPG (reasonable and probable grounds to believe) that a criminal offence is being/has been/will be committed and that the search will afford evidence of the offence. In Canada we also use something called "articulable cause for detention", it is a detention, not an arrest and we are allowed to search persons for our safety (weapons). We also have a common law authority that allows a search incident to arrest (including the area around the person who was arrested, when in a vehicle).
If you are asked to consent to a search (of yourself or anything else) you have the right to refuse. If the officer has RPGs he/she will search anyway (or get a warrant and search), if he/she does not, they will not. Any evidence obtained in a search where the officer does not have RPGs will be tossed in court as it violates the person's right to remain free from unreasonable search and seizure.
2006-12-20 01:01:38 · answer #4 · answered by joeanonymous 6 · 0⤊ 0⤋
A search warrant can be issued for any private area, including a car. If the police have a search warrant for your car and you do not let them inside they can make a forcible entry to it. They will probably just tow it to the station and call a locksmith instead of breaking the window.
2006-12-20 08:45:18 · answer #5 · answered by PIPER L 2 · 0⤊ 0⤋
I would say no.
You have a right to contest the search in court afterwards, but I don't see how you can stop them at the scene. You can ask if they have a warrant or something, but any real refusal will just make them more suspicious.
As for the law, people are deemed to have a lesser expectation of privacy in their cars than in their homes. So it's easier to search a car, generally.
2006-12-19 23:14:13 · answer #6 · answered by American citizen and taxpayer 7 · 1⤊ 0⤋
Ok, here's the deal. At any time, a law enforcement officer can, just out of the blue, ask to search your vehicle. It does NOT violate your rights in doing so, because it's a simple question. Now, if they start to search without asking, that's a different story and you got yourself a case. But if they ask, and you consent, you can at anytime withdraw your consent and the search MUST stop.
Be warned however, doing so might cause a red flag to go up in the officer's mind.
2006-12-19 21:04:28 · answer #7 · answered by sheffield_11_atlanta 1 · 2⤊ 0⤋
If they have probable cause, yes they have the right. If you are being arrested,yep it's gonna get searched. Also if you refuse to let it be searched they will hold you until a drug k-9 is available for a walk around or until they have a judges signature on a warrant. As far as your person, if you are pulled over and detained the officer will search you, mostly for their safety but also for yours as well.
2006-12-19 20:14:19 · answer #8 · answered by Stewart's Girl 2 · 0⤊ 0⤋
Warrants can only be issued, as per the Constitution, on the basis of Due Process and Probable Cause.
Unless the police have probable cause(meaning they saw you do something illegal, or have a damn good reason to believe you did something illegal) they can't search you, your home, or your car. You can, however, "consent" to a search and thereby waive your rights.
2006-12-19 20:12:56 · answer #9 · answered by eatmorec11h17no3 6 · 1⤊ 0⤋
They will ask your permission and you can say no. If you do you could very well find yourself waiting at the roadside until they get a warrant to search it.
If you have nothing to hide the best course of action is to give your permission and stand aside and let them search.
2006-12-19 20:17:29 · answer #10 · answered by Warren D 7 · 1⤊ 0⤋
they can only search your car if they have a warrant or if they have a good enough reason to search (dead body, Drugs seen)
but they have the right to search just like a doorman at a night club has the right to search you.
2006-12-19 20:17:22 · answer #11 · answered by Anonymous · 0⤊ 0⤋