2007-01-05 08:44:48 · 20 answers · asked by ambi 4 in Politics & Government ➔ Law Enforcement & Police
That depends.
If they see something illegal in plain sight - meaning that they can see it simply by looking in the windows - then they can arrest you immediately and conduct a "search incidental to apprehension," which is perfectly legal.
If they are suspicious of you and ask you if they can search your car without arresting you, then you can refuse them permission to search and they can't do it. They can, however, detain you for "investigative purposes" and call a drug sniffing dog on the scene and have the dog do a walk-around of your car. If the dog alerts and indicates the presence of narcotics in the car, that's it - they can search away and you're screwed.
If you're stopped for DUI and subsequently arrested, they have the legal right to search the area of the car within your immediate control, which means just the interior and not the trunk.
But to just pull you over and search your car - nope, not without proboble cause, a search warrant, or your permission.
2007-01-05 08:52:13 · answer #1 · answered by Team Chief 5 · 3⤊ 0⤋
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2016-06-02 15:47:26 · answer #2 · answered by Carrie 3 · 0⤊ 0⤋
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2016-11-01 00:08:20 · answer #3 · answered by Nicholas 3 · 0⤊ 0⤋
Almost everyone is right. The police cannot search your car without your permission. However, they can search your vehicle if there's a reasonable cause to believe that you are carrying anything that is illegal (felonious).
For example, if your car smells like dope (no disrespect intended), you are very likely to get your car searched. If they conduct the routine stop and have a K-9 unit there, and the dog detects anything. You are very likely to have your vehicle searched.
This, of course, is a general assessment because, your local, county and state laws must give them that right.
2007-01-05 08:56:14 · answer #4 · answered by David G 6 · 1⤊ 0⤋
NO! Unless they have probable cause. Most likely they do not if they say they are doing a routine stop. However what they are looking for is your consent. If you say Yes they have every reason to search. But if you say No, then they cannot. Unless they have suspicion of probable cause then they can stay with you and your vehicle until they have a search warrant. But this is highly unlikely.
2007-01-05 08:52:33 · answer #5 · answered by Biker Babe 3 · 1⤊ 0⤋
in case you tell them which you do not consent with searches then he will might desire to get a warrent for the hunt. If he does it in any case without warrent then he broke the regulation of the form. in case you do not elect police officers to attempt to rigidity themselves in for the time of a party, immediately open the door get outdoors and close the door in the back of you until now they might see interior. in the event that they say something like, "what's that scent?" say which you do not comprehend what they are speaking approximately and additionally you will possibly be able to't scent something. in the event that they ask again in, for sure and in a well mannered way decline. Being well mannered gets you farther then being aggressive have confidence me. in the event that they say that the party is only too loud then calm it down. the final element you have chose is yet another circulate to from them, with a seek warrant. i'm attempting to undergo in techniques each thing, and this would not consistently artwork. besides the shown fact that it is the wonderful i might desire to furnish you.
2016-10-30 02:31:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Normally, the police will not ask to search your vehicle unless you seem suspicious. They will ask your permission, at which point you have the right to say NO. However, if their suspecion warrants it, and they do search the vehicle, finding something illegal, it goes a lot harder against you in court.
2007-01-05 08:57:07 · answer #7 · answered by krodgibami 5 · 1⤊ 0⤋
under the fourth amendment, it is legal for the police to search your vehicle if there is probable cause that you have committed a crime or misdemeanor. it is also legal for them to search your car if "contraband" is in plain sight, the third way they can search your car is if there is an urgent situation, such as you convulsing in the front seat. of course, if you are seen committing a felony or misdemeanor in front of the police, they don't need a warrant to arrest you, and once arrested they can search your persons and personal effects ( including your car ). of course you can always allow them to search your car.
2007-01-05 10:26:39 · answer #8 · answered by sage w 2 · 0⤊ 0⤋
if they ask permission to search the car then yes they have the right to because you said yes. if they see something like maybe they are looking through the window and see a little baggy with weed in it then they can search your car
2007-01-05 10:07:50 · answer #9 · answered by Dont get Infected 7 · 1⤊ 0⤋
No, but if they have reason to believe your car contains weapons or evidence of a crime, they can search the passenger compartment of your car. They can take anything in plain view which is illegal to possess, or which could be evidence of a crime
2007-01-05 10:25:48 · answer #10 · answered by curious 2 · 0⤊ 0⤋