Can police drive your vehicle before it has been searched?

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a search warrant was issued for my cousins house and premises. my husband left the premises and drove to the store. the police arrested him at the store and drove his car back to the house and searched it. is anything they did/did not find in the vehicle unmissable in court? were they in the wrong?

Attorney Answer

1
Patrick Mahaney ·
Maybe and maybe not. In the case of Coolidge v. New Hampshire, 403 U.S. 443 (1971), the United States Supreme Court had to decide whether a search conducted after an arrest was valid. The state sought to justify the search of Coolidge's car on three theories: automobile exception, search incident, and plain view. Each of the aforementioned exceptions to the Fourth Amendment requires specific facts. Eventually, the Court held the search of Coolidge's vehicle invalid. However, there are later, recent cases from the Supreme Court, especially the case of Arizona v. Gant, that may limit the authority of the search. There is a 'general' rule of law that a search conducted without a warrant is presumptively invalid. There are a number of recognized exceptions to that general rule, but the burden of proving the exception is upon the police and not the defendant. It requires a great deal of legal skill and expertise to understand the law of search and seizure and this is an area of law that is highly fact specific. Obviously, your question requires an investigation into the facts and circumstances of the search and the authorization listed within the search warrant itself. Your best course of action is to retain the services of the a qualified criminal defense lawyer. In the Tuscaloosa area, the law firm of Turner and Webb is one of the best. Attorney Hays Webb is a highly respected criminal defense lawyer that may be able to assist you. He can be reached at: (205) 247-5011.
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