Found an issue on this page? Let us know and we will look into it as soon as possible.
Did they have the right to search my car?
Anonymous3 views3 answers
I was at my ex's house, they called the police on me because i refused to leave. I was detained in the police car, they then noticed my car was rigged with a hose from the exhaust into the window and duct tape on all the ac vents. They were going to take me to see a doctor for my mental health, and they were going to tow my car, but then they found less than 1gram of marijuana in the glove box, i had nothing illegal in plain sight, technically i had done nothing wrong since chargers weren't pressed. Did they have a right to look through my car without consent?
If no charges were filed how were you harmed by the search? It sounds like you have other p[roblems that may be more pressing than a possible illegal serach that yielded almost nothing.
These comments are made for educational purposes only and do not constitute legal advice. No attorney-client relationship exists between us.
Generally speaking, the vehicle can be searched for the purpose of property inventory if it is being impounded. There some missing parts to your story, so I can't say if this was an improper search.
The Fourth Amendment of the Constitution, as it is generally understood, protects you from unreasonable search and seizure. Our Supreme Court has ruled on a number of cases involving Fourth Amendment rights and warrantless searches dealing with cars. In the most general of summary, an officer can conduct a search if he or she has probable cause to do so. There may be something in your behavior, the way you are acting, your physical appearance in how you are handling yourself, or the physical appearance of your car that would prompt an officer to search.
An important case that addresses your question is Wyoming v. Houghton. It was decided about a decade ago.
In Wyoming v. Houghton, 526 U.S. 295 (1999) Justice Scalia wrote for the court and said that if an officer has probable cause to search your car, he or she can also inspect and search a passengers' belongings.
But.......
Issuing you a traffic citation for turning illegally at a red light does not give an officer probable cause to search you or your car. Traffic violations are not inherently connected to any other criminal activity. Knowles v. Iowa, 525 U.S. 113 (1998).
As you can see the situation is very fact specific. You may want to consult a skilled criminal defense lawyer in your locale.
You might find my Legal Guide helpful "How to Choose A Lawyer For You"
http://www.attorneyqna.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you
You might find my Legal Guide helpful " What Do I Tell My Lawyer"
http://www.attorneyqna.com/legal-guides/ugc/what-do-i-tell-my-lawyer
Good luck to you.
God bless. I am in Chicago and do not practice in your state.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in your state in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
