Canthe police searcha man’s car without consent?
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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 13 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.
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