Search procedures
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Search procedures
Can an officer in the state of New Mexico search your vehicle wothout you being present?
Asked on April 16, 2009 under Criminal Law, Arizona
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Yup. Was it driven by someone when you weren't there? Then yes. The issue is of standing -- a non-owner doesn't have standing to deny the search. Was there evidence of illegal items in plain view -- sufficient probable cause to search with no search warrant needed. The only issue is one of if the person was arrested for one thing and the search incident to arrest was not needed:
http://stopthedrugwar.org/chronicle/496/arizona_supreme_court_limits_car_searches
See below, as well:
issues concerning exigent circumstances
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.