Canthe police searcha man’s car without consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Canthe police searcha man’s car without consent?
Someone called the police tonight and told them to watch out for this man driving around the neighborhood in a silver jaguar because they believed that he had drugs. The police followed my fiance all the way to his house. They then handcuffed him, slammed his to the ground, and searched his car. Can they do this? 7 white male cops versus 1 man.
Asked on October 17, 2010 under Criminal Law, Alaska
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The police can search the car without consent and without a warrant because this was a search incident to an arrest. The police will argue that they had probable cause ( a reasonable suspicion that criminal activity is afoot) to stop the vehicle based on the description of the vehicle in the report and that the vehicle may contain drugs. A search incident to an arrest is one type of search which does not require a warrant. A search warrant is not required in a search incident to an arrest because of safety concerns for the police and others in proximity. If your fiance had not been arrested, a search warrant would not be required to search a vehicle if the police had probable cause. A search warrant is not required to search a vehicle if the police had probable cause because by the time the police obtain a search warrant, the vehicle will be gone along with the contraband it may have contained.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.