Unreasonable Car Search

I was pulled over and car was searched. Can the whole car be searched. I thought I heard about trunks being different. What about glove compartment?

Assuming that you gave permission to "search," then the ENTIRE vehicle is subject to search; even enclosed spaces. Theoretically, the police could have towed your vehicle to impound and literally have taken your car apart, piece by piece, to complete such inspection - - without a Warrant. Remember, some people hide their dope in tires!

Westside Law*

No permission given. Does this change your answer?

How long did it take for the dog to "alert"?

How about stating ALL the facts so that we don't have to guess?

Westside Law*

Why does stuff like this never happen to me?? Having your car searched would be the highlight of my day. I have a nice shiny new red convertible and I would LOVE for someone to appreciate how pristine I keep it!! It would almost be as great as being strip searched or being sexually harassed. My first thought would be, "Geez. It's about time!! When can we get together to do this again??" When you reach my age,yanno, you are just GRATEFUL.

All frivolity aside, what DID they find when they searched?

And no, it doesn't matter if you didn't give them permission. If an officer has legal justification ( probable cause, reasonable suspicion) he will search your vehicle anyway. A car does not have the same presumption of privacy that a home or dwelling does and it is not realisitic to expect a search warrant to be obtained before searching cars due to the obviously transient nature of vehicles. Therefore, if a police man feels he has probable cause or reasonable suspicion, he can search your car, including the glove box and trunk.

I agree with Grace's second post. Typically an officer cannot search your automobile (if you were pulled over for a moving violation) without probable cause to conduct the search or consent from you.

Of course the officer will argue that he/she had probable cause (reasonable suspicion that criminal activity was afoot) and your attorney will argue that officer did not have probable cause or consent. Probable Cause arguments are typically what these types of cases deal with. Criminal Law attorneys love to argue probable cause.

http://www.legalmatch.com/law-librar...ar-search.html

You can read more about probable cause here: http://www.legalmatch.com/law-librar...-searches.html

Things are different of course if you were arrested....

Go see an attorney.

. . . which is why I asked if the dog "alerted." If that's what happened, then the officer had PC to search everything about the vehicle, including the glove box and trunk.

Westside Law*

Thanks for the great info. I did go see an attorney this morning and he has stated everything you have said.

I was not pulled over by a policeman with a dog in tow (nor have I ever been). If they are a K-9 unit don't they typically leave dog in car for a traffic stop.....just pulled over for a minor traffic violation.

Thanks LegalEagle.

Nice to know that those of us who answer questions know what we are talking about.