Can an officer search your car without permission and without a warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an officer search your car without permission and without a warrant?
Asked on July 30, 2015 under Criminal Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Typically, the constitution protects individuals from unlawful searches and seizures. Consequently in order to perform a search of a car, the police need either a warrant or consent. However there are exceptions to this. First, an officer who has "probable cause" if they have reason to believe the car contains evidence related to a crime. A routine traffic stop can result in probable cause to search a vehicle if the officer notices contraband or evidence of contraband in the vehicle. Second, when police make a lawful arrest, the officer may search not only the arrested person but also the area immediately around the arrested person. This can include the car that the person was traveling in just prior to the arrest. That having been said, this only applies if the person is actually arrested. If the driver is only given a traffic ticket, the police cannot search the vehicle.
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.