Police search a car?

Question

Can police search a car when suspects flee from it? Do they have probable cause? I am confused if they can use that evidence in the car.

Thanks everyone who responded so quickly. I was using my "common sense" SL but my teacher gave me points off for that question and I must have just missed the abandonment part of the vehicle. I never ask questions about my homework on here but when my teacher said I missed some elements in the case she never told me what I missed!

Answer 1

Sorry this is really long, but you did ask.

If, after lawfully stopping a vehicle traveling on public roads, the police have probable cause to believe that evidence of a crime may be found within the vehicle, the police may perform a warrantless search of the vehicle [1], including the trunk [2], and any items capable of holding other items inside (anything from cardboard boxes to suitcases to party balloons) found anywhere in the car [3]. Even if the police lack probable cause, if they have reasonable suspicion that the passenger compartment contains a weapon to which the vehicle's occupant(s) might gain access, they can frisk the passenger compartment to find any weapons [4].

Regardless of one's presence in a vehicle, simply fleeing when one sees the police, without more (i.e. the police did not order the suspect to stop or make any attempt to forcibly stop the suspect), is not illegal. Fleeing under such circumstances is not enough for probable cause, but does constitute reasonable suspicion [5]. Therefore, a full vehicle search would be impermissible [6], but a passenger compartment weapons frisk would be OK if the suspect did not flee very far and could still gain access to weapons inside the passenger compartment [7].

However, most (if not all) jurisdictions have laws prohibiting individuals from fleeing from the police after an order to stop has been given [8]. If the police are in a public place (e.g., chasing a suspect who fled from a vehicle), and either have probable cause to believe that a particular individual has committed a felony, or an individual commits any crime in an officer's presence (for instance, an individual refused to stop when ordered to do so by police), they may arrest the individual without a warrant [9], no matter how minor the offense (even if the maximum penalty for the offense is a $50 fine and includes no jail time) [10].

If a person is arrested, the police may perform a search, without a warrant, of the arrestee and the area under his/her immediate control [11]. If the arrestee is the occupant of a vehicle, then this "area under his/her immediate control" means the entire passenger compartment and any sealed containers inside the passenger compartment, but not the trunk [12]. Even if the person recently got out of the vehicle before the police could make contact, the police may still perform the same search [13].

If a vehicle is impounded for any reason (e.g., being abandoned by a fleeing suspect), the police may, without a warrant, search the entire vehicle (both the passenger compartment and the trunk) [14], including any containers found within [15], to inventory its contents.

In both federal [16] and state [17] criminal trials, evidence gathered from illegal searches (or legal searches that are the results of illegal stops) may not be used against the defendant (a principle called the "exclusionary rule"). However, a defendant may only invoke the exclusionary rule if the illegal search or seizure violated the defendant's own 4th Amendment rights; a violation of the rights of some 3rd party is insufficient [18]. In a vehicle, this means that any passengers (occupants who are neither owners nor drivers) may not have evidence illegaly-seized from another person's car excluded from their trial [19].

Hope that helps! And kudos to anyone who read all that!

Answer 2

Of course police can search the car and use the evidence they find in it.
This is due to a number of Constitutional and case law reasons.
The best reason would be that the vehicle was abandoned by someone committing a crime. The vehicle exclusion rule states that if you have probable cause to believe that evidence can be found in a vehicle that is in a public place then you can search without a warrant. Guess what? You just had some clown run from you when you tried to stop them, that would be a crime. What is the likelyhood that evidence (ie. something showing the identity of the driver) might be found in the car.........pretty darn good. So search away.
There is also vehicle abandonment and if the agency has an inventory policy (most do) then they can search for inventory.

That was a pretty quick run down of why but common sense should tell you they can.

Answer 3

If a suspect flees the vehicle it would normally give enough probable cause to search the vehicle. If the circumstances do not provide enough probable cause for a search the vehicle will most likely be impounded as an abandoned vehicle and than an officer has to inventory the contents of the vehicle so when the owner comes to collect his vehicle all his possessions are accounted for. Any evidence found during the inventory could be entered lawfully if the chain of custody on the car is adequate

Answer 4

1

Answer 5

2

Answer 6

Yes. If for no other reason, it is an abandoned vehicle. Abandoned vehicles have to be impounded. An inventory search is required in most places before a vehicle is impounded. Any contraband that is found can be seized. But it also provides sufficient probable cause to search the vehicle. As you probably know, police do not necessarily need a search warrant for a vehicle search. Probable cause is enough.

Answer 7

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Answer 8

It has been a few yeas since I last took criminal law, but if you run away from a car, then I assume that the police have a reasonable suspicion that something illegal is going on, and can therefore search the passenger compartment of the car without a warrant. In order to search the trunk, they probably need to impound the car until they get a warrant to search the trunk, but do you really think that it is going to be that hard to convince a magistrate that something suspicious is going on?

Answer 9

Yes they can. Any time you commit an arrestable offense while in a motor vehicle they can search your car. Since the suspects fled from the car and fleeing from police is an arrestable offense, they can search the car. This also applies to any car that is subject to be impounded.

Answer 10

Yes, if the police are doing a "stop" first they have some legal reason for the stop. That is the first thing. so if everyone runs from the car, that is enough probable cause to do a search of the car..