Does your criminal history give an officer probable cause to search a vehicle?

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Question

Does your criminal history give an officer probable cause to search a vehicle?

Anonymous Mar 2, 2012 Criminal Defense 5 views 3 answers

I was pulled over for supposively running a stop sign. When the officer asked me for my license and registration I told him they were suspended. He then pulled me out of the car and ran my information and found I had a past criminal record. After he asked me about my prior record the officer gave me a sobriety test which I passed with flying colors. after I passed he told me to go have a seat in my car. The officer later came back and looked thru the car with a flash light to find anything in visible view. After that he pulled me out of the car and asked me to sign a consent form to search my vehicle which i denied. after I denied it he said he had to get a warrant and inpound the car. before the warrant was even issued the officer got inside the car and started searching. Is that illegal?

Adam Zucker · Answer 1 · 2026-06-15T10:37:01+00:00

Everything the officer did up until the time that he started to search inside the car in areas that were not in plane view was allowable under the law. I would suggest that the subsequent search was a violation of your rights and was illegal. The officer would be permitted to impound the car given that you were not permitted to drive it and would possibly be permitted to conduct an inventory search but the fact that he asked you to sign a consent to search tells me that this was no inventory serach. You did not mention whether the police found anything in the search,if they did not then there really isn't much to be done on your part. If they did find something then get yourself with an experienced criminal defense attorney ASAP.

Michael Doyle · Answer 2 · 2026-06-15T10:37:01+00:00

Given what you have said, this is an illegal search. If they found something and you have charges against you, then you need an attorney as soon as possible. The reason he wanted you to sign a consent is because he did not have the right to search. The consent would have given him that right. The caveat is that his story will be different if-when-he takes the stand. If nothing was found, there isn't really a remedy.

Curtis Lamar Harrington JrTax LawyerLong Beach, CA · Answer 3 · 2026-06-15T10:37:01+00:00

Focus your memory on the sequence of events. Once you refused consent, and once he said he would take the car, did you simply walk away (down the street and out of sight?) When an officer "takes the car" and doesn't arrest you, you can walk to Canada. What did you do? If they found stuff you would be long gone. Did he take the car? If no contraband, and no taking of the car, you have an illegal search. You are saying that he didn't cite you either? The end of this story was probably interesting and would help determine a lot of things. Good Luck.

Does your criminal history give an officer probable cause to search a vehicle?

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