If Iam pulled over by police and2 out of4 people in the car are arrested for felony warrants, is it then legal for them to search the vehicle?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Iam pulled over by police and2 out of4 people in the car are arrested for felony warrants, is it then legal for them to search the vehicle?

Asked on January 9, 2012 under Criminal Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, it is legal for law enforcement to search a motor vehicle after a valid stop where two of the four people in the vehicle were arrested for outstanding felony bench warrants. The rationale for the search of the vehicle post arrest has been decided by a long history of United State's Supreme Court cases where law enforcement is allowed to secure the immediate area of the person who has just been arrested.

The rationale is to preserve evidence and to protect the public and law enforcement from any dangerous object in the immediate area of where the arrested person is. The car falls into that category for a lawful search post arrest.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption