Does trespassing give police probable cause to search your car?

Answer 1

In the U.S., the commission of any criminal offense (including traffic offenses) gives the police authority to arrest you -- assuming that they have probable cause for the offense. By your statement, I am assuming that they caught you in the act of trespass. This issue was decided about five or six years ago by the U.S. Supreme Court involving a driver who was not wearing a seat belt. The Supreme Court basically held that if state law authorizes arrest for a charge (and most state laws do), then the decision to issue a summons, a warning, or take the defendant into custody is committed entirely to the discretion of the individual officer regardless of what officer's do in most cases for that charge.

If you are in your car or in close proximity to your car at the time of the initial encounter and are arrested, the police are authorized to search the passenger compartment of the vehicle incident to the arrest without any further probable cause. This issue was decided approximately two years ago by the U.S. Supreme Court in which the driver exited from the car at the time of the inital encounter and walked away from the car. The Supreme Court decided that the police still had authority to search the passenger compartment.

This rule is limited to the passenger compartment and does not extend to the trunk or other areas that are not easily accessible. As such, police will still need probable cause to search the trunk but may fit within a different exception (such as an inventory search if they need to tow your car).

If your car was searched and you think it was improper, you need to discuss this matter with your attorney.

Answer 2

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Answer 3

Maybe, maybe not. It would depend on whether there was reasonable cause for checking the car related to the trespassing offense.

Answer 4

it rather is for the police officer (and later decide) to establish probably reason, not some sixteen twelve months old criminal. You of course looked intoxicated to the police officer, and have been in fact, as shown by utilising the breathalyzer. i come across it hilarious which you have self assurance you confirmed no warning signs of intoxication. Do you additionally be attentive to what are warning signs of intoxication? Your vehicle could have been open activity besides with the aid of fact of your arrest and the ought to attend to (and subsequently inventory your vehicle). and finally, (and not attempting to be mean), yet are you and your pals some form of midgets? I mean you write you drank one beer "till now" and yet someway you nonetheless controlled to blow a nil.03. Do you not have any muscle mass? Are you 3 foot tall? develop into the "one beer" a keg? Do you have 0 tolerance for alcohol? Or are you mendacity approximately your "one beer"? in fact in case you and your pals have been at a nil.03 after one beer, and you have greater beers on your vehicle, its very available the officer could have saved your lives. Its not uncommon for immature juveniles to kill themselves in DUI injuries.

Answer 5

If you were caught tresspassing, then the police have probable cause to search your car.

Answer 6

any search incident to a lawful arrest can include any vehicle in the general area that either is owned by you or has been driven buy you, so if an officer has pc to arrest you for tresspassing than he can search your nearby vehicle

Answer 7

depends on if you were arrested (search incident to arrest, or inventory), or just cited and released. if your vehicle was a tool in you trespassing (ie. you were driving it when the violation occurred). need a little more info.

Answer 8

Yes, If you are traspassing there is usually a reason, "picking /finding something" possible stalking and many other reasons to suspect somethings amiss. Search and validate.

Answer 9

YES. ANYTHING IN THE IMMEDIATE AREA 0 FT TO 150 RODS CAN BE CONSTRUED AS A FRUIT OF THE CRIME.

Answer 10

I think they carry "probable cause" (Whatever that is.) in their glovebox.....


Oh and what the h*ll is a "ROD"?