Can an officer search a car for a traffic violation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an officer search a car for a traffic violation?
I crossed the red light and was immediately pulled over. I didnt
have a drivers license so I was asked to step off the car. They
were gonna allow the passenger to take my car. They then searched
the car without consent. Is that legal?
Asked on September 19, 2016 under Criminal Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the police have probable cause (a reasonable belief that criminal activity is afoot), the car can be searched. No warrant or consent is required to search the car as long as there is probable cause.
A warrant is not required to search a car because by the time the police obtain a warrant, the car and any contraband it contains will be gone.
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.