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Can a police office search my car without a warrant if he pulls me over for and I don't consent to it?
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Can a police office search my car without a warrant if he pulls me over for and I don't consent to it?



    




trooper3316
Yes, if he can articulate a reasonable suspicion.

There is a landmark case on the warrantless search of a vehicle. In Carroll v. United States, commonly called The Carroll Doctrine. The Court ruled you have a lesser expectation of privacy in a vehicle on a public road, and a warrant is not needed to search. The officer only needs a reasonable suspicion the search will turn up something illegal. This burden of proof is less than probable cause, which is usually required for search.

Because this is a US Supreme Court case, it applies to all 50 states.


Josh
Rating
Most of the people have it right on here.

An officer has to have probable cause to search your car, or of course your consent. However, an officer can search incident to arrest. Which means if an officer arrests you he can search any where in the car that you had immediate access to, and a police officer can arrest you for just about any crime. And as long as the officer can articulate why he searched an area, you would be surprised on where they say you have immediate access to; just about anywhere inside of a car.

So if an officer pulls you over for speeding, a class C misdemeanor in Utah, and believes you are hiding something but does not have reasonable suspicion to search your car; the officer could legally arrest you. Thus giving them the ability to search your car incident to arrest, and would be able to do an inventory of the car later.


lonetigerwolf
Rating
Cops lie all the time about this. They are fully aware that all they have to say is that they smelled marijuana in your vehicle and that gives them probable cause to search you and your vehicle and theres not a thing you can do about it. If they want to conduct a search, thats what they do, they lie regularly regarding this issue.


infinite crisis 247
yes, he/she can, if there is probable cause. if you have nothing to hide, you wouldnt be concerned. the fact that you are asking means that you do. don't cart around contraband and you won't have to worry about it.


Teekno
Rating
If he has probable cause, yes, he can.


ablex
Rating
If he has probable cause.


Charlie D
Rating
Yes.
You should assume that, to the cops, "reasonable suspicion" means they can search for whatever reason they can dream up between the time of search and the time they fabricate (oops, I mean "write") their report.


lpdhcdh
Rating
Yes, any number of legitimate reasons, including but not limited to probable cause, inventory, search incident to arrest etc,


jh 6
This question has only been asked about 13 million times. Yes douche he can. Now go pay your fine for the weed and do your smoking at home.


goldendragon346
Rating
If he has probable cause, he can even call for a dog to search your car.


Diana B
If he has probable cause to arrest you, he can search the parts of the car immediately accessible to you for weapons.

If he has probable cause to believe that there is evidence of a crime, he can generally search the car and closed containers.

If he arrests you, the car can be searched as part of an inventory search - the allowable areas of search are wide, but the catch is that the department has to have a clear set of rules to that effect and the officer must testify to those procedures and his compliance with those practices.


gvnlyn
Rating
Educate yourself.


http://www.aclu.org/kyr/kyr_english.pdf


Jupiter Ceasar Leprechaun II
U cant stop them dont try but tell them no . If they find something not in plain sight ur lawyer can try and get the evidence tossed and a judge will have to decide whether or not thay had probable cause. Also if u can demonstrate the cop did something wrong ( like racial profiling ) it wil help u


aiminhigh24u2
He/she has to ask your permission unless there is clear probable cause for them to search (this can be a gray area) Otherwise, if you say no, they have to get a Judges Search Warrent to do so. If they don't you lawyer gets you off in court.


Natasha B
Rating
Depends on where you live.





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