Can police search locked compartment of a vehicle on a routine traffic stop without a warrant or consent?
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Can police search locked compartment of a vehicle on a routine traffic stop without a warrant or consent?
Pulled over for swerving; road was icy. Driver had clean record but registration was from old owner but had bill of sale. Passenger had a traffic warrant and was arrested. Then they searched the vehicle without consent or warrant. Now both driver and passenger have a charge of possession. Should I speak with a criminal law attorney? In Larimer County, CO.
Asked on September 2, 2011 under Criminal Law, Colorado
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The vehicle was searched because the passenger was arrested. The search of the vehicle was a search incident to an arrest. A search incident to an arrest does not require a search warrant or consent. A search incident to an arrest is permissible because there may be items within reach of the person arrested that could endanger the safety of the police or others.
Also, a search of a vehicle does not require a search warrant because by the time the police obtain a search warrant and return to the scene, the vehicle and/or any contraband may be gone.
It would be advisable to speak with a criminal law attorney.
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