is a warrent needed to search a car and its trunk?

Question

Was pulled over for no front licence plate, have no record, licenced insured, was asked to get out of my car and they proceeded to search it, can the police or sheriffs do this for no reason, i did not agrree to it at all, in the trunk in a back pack there was a "smoking pipe", then i was arrested for that and under the infuluence, anyway they never charged me for the front licence plate, the reson they pulled me over. anyway if anyonbe can give me any info on this id be gratefull, i can not afford to have the above on my record i have a really great job and hey it was the weekend.

Answer 1

The officer had probable cause to stop your vehicle due to the missing front license plate. More than likely, the officer could smell the odor of burnt marijuana coming from the interior of your vehicle. If that was the case, (no, it doesn't matter if you claim it was a black and mild either) then you do not have a choice in whether or not the officer can search your vehicle.

The Court of Appeals of Georgia heard that case back in 1999 - State vs. Folk. Even though you are not in Georgia, that does not mean this case law is not valid in your state. (Otherwise Miranda would not be read nationwide.)

The ruling stated:

The odor of burning marijuana emanating from the interior of an occupied vehicle provides a strong indication that the vehicle contains illegal contraband. We previously have found the "alert" of a trained Narcotics dog, standing alone, sufficient to provide probable cause for the search of a vehicle. ** We now hold that a trained police officer's perception of the odor of burnt marijuana, provided his ability to identify that odor is placed into evidence, constitutes sufficient probable cause to support the warrantless search of a vehicle.

Answer 2

If the police pulled you over for failing to have a front license plate then the stop of your car is valid. They do not have to write you a ticket if they don't want to but can still stop you.
So the stop was legal.
Now the police can not simply just go right into your car just because you had no license plate unless that is a criminal violation in your state which I am sure is not. I will take a guess and say they probably developed probable cause from the smell of marijuana or the fact you were under the influence. Once they determine this probable cause they can now search the car without a warrant.
The trunk is a seperate issue however and generally requires additional reasons, consent or a warrant to search. However, if you were arrested and your car is towed the police have the right to inventory the entire car and all its compartments prior to towing. So if you are arrested they can go in your trunk as most agencies can tow your car legally once you are arrested. Anything they find in that search can be used against you as evidence.
If you have clean record and no past, more than likely you can plead no contest, go into a drug program (class) and fulfill some other requirements and not have a permanent conviction. This way you can keep your job.
If you are lacking finances advise the court you want a public defender to assist you. He can look into the case and help you even more.
GOOD LUCK...SAY NO TO DRUGS

Answer 3

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Answer 4

The stop was valid (no front plate). You were then arrested for DWI so the search incident to the arrest was valid as well. Apparently during the initial search they found some evidence that gave them probable cause to search the entire vehicle. Some agencies have an inventory policy that requires all vehicles towed pursuant to an arrest to be searched and inventoried for liability reasons. It was their discretion on whether or not to charge you for the plate.
Facts: you got stopped for a valid equipment violation, you were DWI, and had drug paraphernalia in the car. Don't try to shift the blame to the cops. If you had been legal in the first place it wouldn't have happened. And dude, just because it was the weekend doesn't mean it's OK to break the law.
Talk to an atty. You don't mention your prior record, but quite possibly he can help you on this.
Good luck.

Answer 5

The first answer was correct, an officer needs probable cause in order to search your car or trunk without a warrant. Now, if you were arrested for being "under the influence," then there may be additional facts that would have given them probable cause to search the car and trunk, such as irratic driving or dilated pupils upon inspection, etc., which would give them reason to believe that there were probably illicit materials (drugs) somewhere in the vehicle.

There is another exception to the warrant requirement, as the cops may search the immediate area, or "lunging radius," incident to arrest, which would allow them to search the interior of the car as they are arresting you, but it is questionable as to whether this would permit them to search the trunk.

Finally, the fact that you were not charged with the offense they actually pulled you over for has no effect on whether you can be found guilty of the crimes you were ultimately charged with.
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You should retain a criminal defense attorney if cannot afford to have a judgment rendered against you.

Answer 6

get a lawyer. If anybody was with you when this happened, have them write an honest statement about what happened. If it turns out to be an illegal search, then you are off the hook. But you have to BE HONEST about everything that happened or the judge will not believe anything you say. Even if you were in the wrong, some judges will be lenient if you own up to it. Also, some states have a first offender program- you pay a fine, maybe probation, and if you meet the requirements and stay out of trouble it will never show up as a conviction. I don't know where you live, but most importantly- get a lawyer. If you can't afford one they have to appoint a public defense lawyer.

Answer 7

You had to agree to the search, I mean even if you protested then there would have another avenue to search but in the case you cite they had to have consent. Now if they smelled weed, consent isn't exactly needed. What I would have done is place you under arrest for the license plate violation then my search is now an inventory because I would impound the vehicle and I have to inventory its contents for safe keeping. If I didn't find anything I then cite you for the violation and you go on your way.

The reason you got no ticket for the LP is because if you plead guilty to the traffic violation it cannot be brought up later as a past conviction in the paraphernalia case. So what we do is let you skate on the lesser charge, keep our PC for the stop solid and go from there.

Answer 8

They would've had to have probable cause the search the car in the first place, like something illegal in plain sight or the driver being peticularly shady. Or they'd have to have permission, which could've been withdrawn at anytime. But even with probable cause to search the passenger compartment, they couldn't get into the trunk of the car, unless there was probable cause, like a drug dog hitting on the area or an inventory search of the car after it was impounded, if it was.

Answer 9

OK, from what you are saying, you were pulled over for having no front license plate, were charged/arrested for DUI and they found a "smoking pipe" in the trunk. If that is the sequence of events, then yes, they can.

You were pulled over because an officer witnessed you breaking a traffic law, so they can detain you to either warn you of the violation or cite you for it. You were talking to the officer and they noticed that your eyes were glazed-over, your speech impaired or alcohol on your breath. They had you do the stupid human tricks (aka sobriety tests) and determined you were DUI. You were then arrested for it.

Because they were going to tow your car because it can't be left abandoned on the side of the road they inventoried the car of your personal belonging so that the tow company can't say that you didn't have whatever valuable things were in your car. During this inventory (search incident to arrest) they found a pipe that had "residue" in it, probably field tested it for marijuana and cited you for it.

So yes, they can. You were pulled over for something that would probably amount to a verbal warning, while they were talking to you figured you were DUI, confirmed it through tests, arrested you, took an inventory of your car to ensure your personal belongings can't be stolen and the tow company saying "oh no, he didn't have that in there" and found a pipe in the process.

The entire inside of a car including a locked compartment such as the glove box can be searched for weapons for officer safety because the entire passenger compartment is within your reach as a driver unless you drive a limo. If drugs or paraphernalia are found during that search for weapons, oh well. Because your trunk is a locked area of your vehicle outside of the passenger/driver area it is normally excluded from being searched without a warrant. Certain conditions can allow the truck to be search without one such as if the trunk is not secured (e.g. not fully closed, unlatched, etc.) or if you are being arrested and your vehicle is being towed and they do an inventory search to document the valuables in your car to prevent theft.

Answer 10

I guess, It depends of the law of the state you are driving. Some places requires a warrant to search a property, and car is property. On your case, the ownership of the car could not being confirmed because you were driving a car without plates. It makes you a suspect and have not right to determine if the car can or can't be searched since you can't prove your ownership, giving chance for the police start an immediate investigation before releasing you and your car. Your status became suspicious, you could be driven an stolen car, for example and on this circumstances, I guess they have the right to search for evidences before be safe to let you go. No police want to stop a thief and let him get away.
PS: I am not saying you are a thief, but cars driven without plates are usually used to criminal propose.