What are my rights if I was parked on posted no tresspassing land and the police searched my car?
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What are my rights if I was parked on posted no tresspassing land and the police searched my car?
Police pulled in and ended up searching my car. They found marijuana and a pipe. In the police report the cop states that he pulled in because I was tresspassing but not once did he say to me that was the reason for pulling in and questioning me. He charged me with possession of marijuana and drug paraphernalia but not tresspassing. Is this an illegal arrest?
Asked on November 14, 2015 under Criminal Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since you were trespassing, the police had probable cause (a reasonable belief that criminal activity was afoot) to search your car. Any contraband found during the search is admissible evidence against you. An auto search is permissible without a search warrant because by the time the police obtain a warrant and return, the vehicle and any contraband may be gone.
Searching you and the auto would be a search incident to an arrest which is lawful without a search warrant.
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