my brother in law told me this story today. he told me he was on his way to work just before the exit he ran out of gas so he pulled off to the side not blocking traffic at all. he goes and gets some gas in his can as he is walking back up to the car there are 2 cops with his car doors open going through the car. as he walks up they ask him if it his car he says yes with the gas can in his hand. they search him and tell him to sit on the side. he thinks the car was locked but can they search a car even if it is unlocked for just being on the side of a road
2007-09-25 09:10:00 · 24 answers · asked by whynot 4 in Politics & Government ➔ Law Enforcement & Police
You don't need a warrant! The reason why they would search the car depends on the circumstances, where was the car, was it in dangerous spot, was the registration obstructed or unreadable, so many questions few decent answers. If the officers felt they had probable cause to search the car due to the fact it was abandoned or beleived otherwise then they can do so. They don't know why the vechicle was left, nor do they know if the vechile has anything in it that maybe illegal. Some cops find many illegal things in cars especially in trunks of abandoned cars. The car left on the side of the road brought suspicion to them. All I can say is they did what they thought they needed to do for the safety of themselves and the community. As far as your brother being searched I think its was a precaution and safety method on the officers part. I would still have your brother ask an attorney for some legal advice if he feels he needs to. If the police let him go after sufficient proof that the car was his and it was stuck then I think he should move on and be grateful the police did a pretty good job and were on there feet.
2007-09-25 09:36:36 · answer #1 · answered by Danny . 2 · 1⤊ 0⤋
Depends on their reason for searching the car.
Police can search a vehicle for a wide variety of reasons. They can search a vehicle for information on who owns the car (see New York v. Class), to conduct an inventory before impounding the vehicle, based on Probable Cause, and abandoned property. Those are the most likely reasons. Your friend should have asked them.
I wasn't there so I can't speculate any further then that.
2007-09-26 05:00:33 · answer #2 · answered by El Scott 7 · 0⤊ 0⤋
I think cops have the authority to search any suspicious cars left on the road. With all the terror attacks around the world I think they should check all the cars. What became of the whole situation? I think if they let your brother go after proving it was his car and not ticketing him for being on the ramp for a period of time, your brother should just let it go and be happy that the police are doing thier jobs to keep everyone safe.
2007-09-25 09:36:10 · answer #3 · answered by Anonymous · 2⤊ 0⤋
KC V is correct. If the officers were going to have the vehicle towed they could call it Inventory Prior to Tow. If the vehicle is sitting unoccupied it could be put under Homeland Security. Bombs/ Explosives can be anywhere.
Police can figure out a way to get into any car at anytime. Face it. This is what we do. If we couldn't do it then we shouldn't. If you work at McDonald's and can't make a happy meal than you shouldn't work at McDonald's. If you cop and can't get in a car...Well, Its the same philosophy.
2007-09-25 11:00:52 · answer #4 · answered by wfsgymwear 3 · 1⤊ 0⤋
With the problems of terrorist activities around the world...your local law enforcement agency attempts to beef up their vigilance and I read comments about illegal searches on an abandoned vehicle. WOW! I think our country has a serious "dumbing down" problem!
When you leave your car...on a highway...it becomes a safety hazard. The police will "INVENTORY" your car prior to having it towed.
An inventory does not require a search warrant!
2007-09-25 09:24:18 · answer #5 · answered by KC V ™ 7 · 6⤊ 0⤋
Yes, they had the right to search the car. He probebly left the car unlocked and didn't realize it. (It does happen.) The officers would have asked him if they coud search him and he said yes. If he had said no, they wouldn't have had any reasonable cause to search him.
2007-09-25 10:37:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋
As someone who KNOWS what they are talking about because I am a police officer, the answer is YES. The car is considered abandoned.
2007-09-25 09:59:15 · answer #7 · answered by Anonymous · 2⤊ 0⤋
Apparently they can, since they did.
If they had found anything illegal, a lawyer would argue that the search was illegal, but a judge would probably admit the evidence anyway, since the car was abandoned on a public highway.
2007-09-25 09:16:14 · answer #8 · answered by wuxxler 5 · 4⤊ 1⤋
Well, if they didn't hurt anything I'd just let it go. Of course something should be done about that though. If the car was locked they could have damaged it getting it open. I'd tell him to play around with the locks and check for scratches which I'm sure he's already done.
2007-09-25 09:18:31 · answer #9 · answered by Anonymous · 0⤊ 3⤋
yes if they thought something was fishy..they don't need a warrant im sick of people thinking they watched an episode of cops and they think they know everything like u have to mirandise someone when you arrest them or they need a warrant...they don't need anything...they were doing their job....and who runs out of gas on a highway? lol
2007-09-25 09:34:34 · answer #10 · answered by getsome86 3 · 1⤊ 1⤋