If I refuse to roll down the window when I get pulled over, would the police officer need a warrant to get in?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I refuse to roll down the window when I get pulled over, would the police officer need a warrant to get in?
If a guy is about to get a DUI, prolonging the situation may be in the person’s best interest, correct? I imagine it can take some time for an officer to get a warrant from a judge (especially if it is in the middle of the night). Time may allow the person’s BAC to drop below the legal limit by the time he blows in the breathalyzer.
Asked on May 13, 2012 under Criminal Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You would be arrested and the cop does not need a warrant to search your car. Searching your car would be a search incident to an arrest and no search warrant is needed. Also, searching a car as part of an inventory search does not require a search warrant.
Searching a car that the police stop does not require a search warrant because the car would be gone by the time the police obtained a search warrant and returned to the scene to search the car.
Not all searches require a search warrant.
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.