Say you're pulled over because you have a head light out. The police run your license and you have a bench warrent for an unpaid speeding ticket. You're cuffed and put in the back of the police car. Your girlfried is sitting in the car when the police make her get out and start searching the vehicle. They say you gave them permission to search, you say you didn't. How do you prove a 4th amendment violation?
BTW: This happened, I'm the girlfriend. They arrested my BF and said they found drugs in the car. No permission was given for the search & there was really no probabal cause...
2007-09-24 03:33:42 · 12 answers · asked by divarhd 2 in Politics & Government ➔ Law Enforcement & Police
The search was a lawful incident of an arrest on the warrant. That removes the need for probable cause. They did not need consent, and your consent was meaningless since it's not your car.
You're lucky you were not charged with possession.
2007-09-24 03:37:33 · answer #1 · answered by Anonymous · 3⤊ 0⤋
When your boyfriend was arrested, the car was to be impounded. When impounding a vehicle, police have a right, actually a need, to inventory the contents. This prevents theft in the impound lot for which police have been held liable. It is called an inventory search and it has been upheld by the courts.
If the drugs in the car were yours and it is his car, you have no 4th amendment issue.
2007-09-24 10:50:16 · answer #2 · answered by Anonymous · 1⤊ 0⤋
They conducted a search incident to arrest, they have a legal right to search the car in this circumstance. Furthermore, you never told us if the car was impounded. If so, they also can do an inventory of the vehicle.
Maybe your boyfriend said that he never gave them permission and they still searched, but the truth is they didn't need his permission.
2007-09-24 12:32:31 · answer #3 · answered by joseph b 6 · 1⤊ 0⤋
Techniqually they can search the vehicle if they found a bench warrant on your bf b/c that is probable cause just like they pulled you over for a headlight out that is probable cause. Probable Cause can also be that you acted suspicious and nervous when the officer was talking to you. Any thing can be derived as probable cause. It does not matter if you gave them permission or not. It is not like having to obtain a search warrant for you house.
2007-09-24 10:40:33 · answer #4 · answered by Janey from Louisiana 2 · 1⤊ 0⤋
there is no violation. you have no case once they pulled him over they had every right to search the car, this happened to me and we were both released nothing was found. you need a new boyfriend since this one does drugs and cant pay his fines on time by the way be glad he wasnt charged for driving without a license he could have been for a speeding ticket
2007-09-24 10:47:46 · answer #5 · answered by kleighs mommy 7 · 0⤊ 0⤋
As long as the car was stopped for a legitimate reason (the head light out is legitimate), and as long as they had a valid warrant for his arrest, they don't need permission to search, they are searching incident to an arrest.
2007-09-24 10:39:36 · answer #6 · answered by trooper3316 7 · 4⤊ 0⤋
they are not allowed to search the car unless your boyfriend allowed it, or they had a probable cause. Did you look like you were on drugs? or did the car smell like drugs? if so then yes they could search the car. You can prove the 4th amendment violation in court. Make sure you get a good lawyer.
2007-09-24 10:42:34 · answer #7 · answered by Anonymous · 0⤊ 2⤋
This search would not be illegal. If they arrested the subject out of the vehicle then it is okay to search the passenger area for evidence. This includes the glove box, console, and containers in the passenger area.
See NY v. Belton:
http://www.jus.state.nc.us/NCJA/legjul94.htm
Go fish.
2007-09-24 13:27:22 · answer #8 · answered by El Scott 7 · 1⤊ 0⤋
i really didn't think they needed permission to search the car. if they needed permission from you, and you had drugs in the car, you obviously wouldn't give them permission. so how would anyone ever get caught? probably shouldn't have kept drugs in the car with you for this reason. i don't think they violated your rights at all.
2007-09-24 10:38:04 · answer #9 · answered by Anonymous · 2⤊ 0⤋
I hate these people who say that driving is a priveledge not a right. BS. My tax dollars pay for the roads and highway patrol, so it is my RIGHT to drive so long as I don't abuse that right by endangering others. Having said that, there is nothing you can do about your boyfriend. Just be glad you weren't charged.
2007-09-24 10:44:32 · answer #10 · answered by Anonymous · 1⤊ 2⤋