Can police legally search a locked item within your car without a warrant?
Find answers to your legal question.
Can police legally search a locked item within your car without a warrant?
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for reference, im located in long beach, california
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bobby-bob
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THEY HAVE 2 GET YOUR PERMISSION,
IF U REFUSE,
THEY WILL TAKE YOU IN!!!!!!!!!!!!!! |
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Tony Walls
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Yes they can. However, the law says that they can only do this if there exists a probable cause to do so (ex: the cops are 90% sure that you are a top member of a terrorist organization) and if time is of the essence (ie. it would take too long for a judge to issue the warrant and by the time he/she did, a lot of people would've died). |
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brandiejs1979
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all they need is a reason to pull you over, like speeding, running a light, no headlight or taillight.....then they can search your entire car if they want to, including locked items, they will make you open it |
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texxsmith
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In theory, not unless they have probable cause, but they will probably use your refusal to consent to a search as probable cause, or just may make it up.
The Police in America pretty much don't have any restraints on them any more. |
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·!¦[·ÐarrÁ·]¦!·
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All they need is probable cause. |
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eggman
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If they feel they have probable cause to suspect that you are carrying something dangerous or illegal, yes they can search your vehicle without a warrant. Your defense attorney can raise the question at your trial and perhaps get the evidence excluded if the judge thinks the cops didn't actually have probable cause. |
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lugwrench3@verizon.net
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yes they can due to probable case they can if you refuse then they can arrest you and search it anyway |
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moongoose
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yes, if a k-9 have given probable cause to do so. beside that no. |
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CHARLES A
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If you give them permission to search the car it doesnt matter if it is locked or not. It would be like saying ok you can search but not here or here trust me you do that you just gave them probable cause to get a warrant.so it would be searched either way |
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sweets
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no not wit out a probable cause n if dat court says its wasnt a prob cause da search is dismissed |
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Rurouni Ian
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hey u're near me! and.....i dunno. cuz they'd have a warrant for the car. i think it applies to EVERYTHING in the car but i'm not sure. how ironic since like...5 officers live in my neighborhood. |
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nick c
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I believe so, if they think something suspicious is going on. |
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Adventure Man
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If you give them permission, sure. If the driver of the car was arrested, sure (its called Search Incident to Arrest or Inventory Search if the car was impounded). Is it within the wingspan of your reach? If so, then if they can articulate a reasonable belief that such a search was necessary for safety reasons, then yes, they certainly can. Happy motoring. |
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