2007-12-08 06:15:46 · 9 answers · asked by airforcewolf 4 in Politics & Government ➔ Law & Ethics
No. There must be a reasonable suspicion (not probable cause--a car is a probable cause exigency) that there is evidence of a crime in the car.
If there is a reasonable suspicion they can only search the passenger compartment. To get into the trunk, they need either your permission, a warrant, or probable cause to search a container in the car.
If there is not a reasonable suspicion, then the only way that they can search is for you to give consent. Don't do it.
If you are being arrested, then they can search your car incident to your arrest to ensure that there are no weapons or evidence. Bad news here--you can be arrested for anything, even if the punishment is just a fine. Meaning that you could be arrested for speeding and have your car searched incident to that arrest. Further, if your car is impounded it is perfectly legal to do an inventory search to ensure that everything that was in the car when it was impounded is there when you pick it up.
2007-12-08 07:16:07 · answer #1 · answered by StressedLawStudent 4 · 0⤊ 0⤋
as everyone have mentioned already, you strictly need probable cause, unless they are suspicious of some illegal activity. Like physical conduct of the suspect, the movement of the eyes to determine if they are hiding something, and the speech of the suspect- whether they are very abrupt, slurring, or are hesitant. These are some of the things that police look for in a suspect, but then again it all comes down to probable cause in the end.
2007-12-09 20:28:02 · answer #2 · answered by @@@ 1 · 0⤊ 0⤋
i think they can look in general areas, but they need another police officer to be present and to say that he needs to search your car. and if they dont, then whatever they find may not be able to be used against you (if you have a great lawyer)
but there the police. they think they can do anything :[
but im not a judge or a lawyer or a police officer, so im not completely postive on how the laws are for this matter andit can be different for all areas.
2007-12-08 14:24:52 · answer #3 · answered by Anonymous · 0⤊ 1⤋
They need probable cause. However, they may search for a weapon if they feel threatened by you.
Insist that they get a search warrant anytime they want to search your car.
2007-12-08 14:36:41 · answer #4 · answered by Mark 7 · 0⤊ 0⤋
Yes, especially if there is a smell or if someone is acting suspicious.
If you knew someone was intoxicated just by looking at them, common sense tells you they don't just have to see something in plain view to KNOW someone is breaking the law.
2007-12-08 14:24:37 · answer #5 · answered by Hawai'i 4 · 0⤊ 0⤋
As a previous poster mentioned, they "need" probable cause. However, they can gain probable cause from a person's aggressive attitude or a contrived story where a person "fitting your description" was involved. Probable cause is now easily obtained.
2007-12-08 14:24:33 · answer #6 · answered by Steve H 4 · 0⤊ 0⤋
They have to have probable cause. If you are high they can search your car for drugs.
2007-12-08 14:35:59 · answer #7 · answered by Eisbär 7 · 0⤊ 0⤋
They need to have probable cause...and I think they can search anything at that point.
2007-12-08 14:50:27 · answer #8 · answered by lahockeyg 5 · 0⤊ 0⤋
They need probable cause.
As Steve there mentioned, it is easily obtained. A little TOO easily obtained, imo.
2007-12-08 14:20:27 · answer #9 · answered by Freethinker 5 · 1⤊ 0⤋