Can an officer search your vehicle after you are arrested?
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Can an officer search your vehicle after you are arrested?
Asked on January 2, 2013 under Criminal Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The US Supreme Court has ruled that the police may search a vehicle incident to an arrest only if the arrested individual is within reaching distance of the passenger compartment or it is reasonable to believe the vehicle contains evidence of the offense that led to the arrest. Ansent those 2 exceptions, a search of an arrested personl’s vehicle must be accompanied by a search warrant.
Note: That is unless another exception to the warrant requirement applies.
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