Is it legal for a police officer to?

EMAILSKIP

No, then he just has to "hold" you while he obtains a search warrant on suspicion. Best not to have anything illegal in your car to have to worry about.

TurboLover

The State you are in is irrelevant, because the question you are asking properly falls under the 4th Amendment and its prohibitions against unlawful searches and seizures.

As it stands now, the law generally is as follows:

A police officer may pull you over for *any* violation, even using it as a pretext for another reason. (Dead headlight, Cop knows you are a drug dealer, he can pull you over for the headlight in order to see if you have drugs on the front seat.)

An officer may look for anything in "plain view" or within "reach" of the driver. (Yes, including the glove box and center console!).

An officer may search the entire vehicle, including the trunk if:

1) It is searched as an incident to the lawful arrest of the driver;

2) An inventory search at the station or another locale made after such an arrest in #1 above;

3) Warrant;

Hope this helps.

coragryph

The legal standard, as established by the Supreme Court, is that probable cause is required.

Probable cause is defined as a reasonable and substantial belief, based on articulable facts, that a crime has been or is being committed.

Vehicle searches can also be conducted pursuant to a lawful arrest.

foothill4fun

yes it is ,, by saying no , you give them suspision and then they have cause to search or restrain you till a k9 can sniff your vehicle

mikeysco

Given that the police officer has probable cause, or a number of other legal theories, it would be legal even over your objections.

And it's just as legal in California, despite what the first poster said.

leavemethefreakalone

why because you're black you think he doesn't have a right to search your car if he thinks something is wrong?

jkc6229

Yes, your vehicle may be searched, including the trunk, IF the officer has probable cause to believe that there is contraband or evidence of a crime inside the vehicle. Other folks have stated that they must get a search warrant. Not necessarily true. A vehicle is an exception to the rule due to the portability of the vehicle. If the officer leaves to get a warrant, good chance the car will be gone when he gets back. If, however, there is a locked briefcase inside, the officer may not break it open to see what is in it without obtaining a warrant. The briefcase is small enough for the officer to seize and hold onto while getting the warrant, whereas a car is not.

redgranny6inall

I THINK IT IS LEAGLE IF THEY HAVE PROBABLE CAUSE AND SUSPECT YOU OF WRONG DOING OTHER THAN THAT I THINK THEY HAVE TO HAVE YOUR OK

triplesixkoe

This is legal even if you say no. He must demonstrate probable cause to search your vehicle in court. Regardless of what he finds, you cannot be charged in court if the judge finds no reason for him to search your car. VERY IMPORTANT...A police officer MUST have a search warrant to lawfully search your glovebox and trunk, providing your glovebox has a lock. You can get a police officer into a lot of trouble if he searches your trunk without your consent. Simply tell him that it would be a waste of your time to search your car because you did nothing wrong. Of course if you are intoxicated at the time, you're screwed either way.

brandi.smiles

If they believe there is foul play then yes they can search your car .

notyou311

Yes, if he has probable cause. For example, if you appear to be high; if he smells pot; if he sees drug paraphernalia, etc.

The Key Master

yes, because then they have probable cause, they usually bring the dogs at that point.

Rigo

Check your state laws. Usually by having a license you are required to cooperate with a police officer and refusing to will land you in jail or a fine.

Ã¾roÂµÃ Ã¥mÃªrÃ¯Â¢Ã¥Ã±

if the police has a VERY good reason to, then yes. if the officer doesn't have a good reason, then it's not legal.

shermynewstart

Yes, but they can make you sit there while they get a search warrant.

pinoyscrewer

Course it is legal

Byron

If he has a reasonable cause. Which could mean anything.

Xae

dont know live in Cali

its illegal in Cali

College Guy

If they feel that there is a probable cause, and they can claim that dening to search your car as probable cause

LaBoner

Nope they can't but the can detain you and bring a dog. Realistically cops can do what they want. They think the sun shines right out there butts and when somebody carries the badge they have the control. I have had issues in several counties in Texas with police harrassment. They pulled me over every time they saw me. Even told me my motorcylce was going to be come thiers. I was part of this biker lobby that had these big shot lawyers working for them. I asked them for help and it made a difference for about a milli-second.

Will D

To answer this question, one needs to know what, if any, probable cause existed for the search.

Did the officer ask permission to search the car? Did the officer arrest you and then search the vehicle pursuant to the arrest? Did the officer see something illegal or something that appeared to be illegal (e.g. realistic looking toy gun, a plastic bag with oregano, etc.)?

As far as searching your person or your vehicle, in most states an officer may search your person to ensure the officerâ€™s safety. Beyond that, you may decline the offer to search your vehicle. Since the officer may call in a K-9 unit, you need to be sure that nothing in the car will cause the dog to alert.

You may look up your state's laws online to find the ones that pertain to police searches.

Good luck!

Will D
Enterprise AL
http://www.notagz.com

NONAME

ya its legal

Ice4444

If you refuse, he can also get an order of search and seizure though. Get a lawyer.

sworddove

Some states have a "Implied Consent" to search which means that if you are operating a vehicle on that states roads then you are consenting to law enforcement searching your vehicle.

I don't know about your state but if they request to search your vehicle then they will find a way to search it.

They are only being polite by asking.

Also, it doesn't matter if it is your vehicle or not or even if someone left something your vehicle and you never knew they did.......you are legally responsible for everything in the vehicle you drive.

Case and point: A man was pulled over for speeding in a car borrowed from a friend.

When the vehicle was searched patrols found several bags of pot and an illegal hand gun.

Federal Marshalls charged him with the weapons and controlled substance violations.

Don't get offended if you have nothing to hide.

It's nothing personal and they wouldn't be making the request if there wasn't a good reason.

When it comes to officer safety or they are looking for a particular weapon, illegal substance or even kidnapped child; whatever is needed to legally get the job done they will do.

Again, asking for your consent is only a courtesy.

jxt299

I think it is illegal, yes, if you say No, I don't think he has the right to search it unless you are being detained for an actual crime. Of course the Constitution has been gutted by conservative, ha!!! --"conservative" judges who approve Big Government spying, wire taps, torture, secret prisons like Stalin had, holding people without trial or bail being granted. The Constitution isn't worth the paper its printed on. So good luck. You once were protected, now...maybe you are, maybe you aren't.

pretzgolf

YES ! IF YOU GAVE HIM ANY,PROBLEM OR BACK TALK HE HAS.

Mickey Blue Eyes

yes...all he has to say is he had probable cause

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