It’s called search incident to arrest. When you are arrested the officers may search within the “lungable area” for weapons and evidence. That means they may search anywhere you could reach. In the case of a car it means the passenger area.
Let’s take it even further then your car. Lets say the Police come to your home and ring your door bell and you yell “Come in!” The Police walk into your home and see you sitting in your recliner and ask you “Are you Skip?” And you tell them you are that person. The Police then arrest you on the warrant. The Police may then search around your recliner for contraband under search incident to arrest. So in the scenario I just posted they may actually search your house (a small part of it anyway) without your consent or a search warrant.
So yes, in the question you stated, the search was valid.http://www.lectlaw.com/def2/s010.htm
Edit:
Uh, we’re talking about search incident to arrest here not Carroll Doctrine and someone’s fantasies of being the subject of Police Injustice. Also, the Patriot Act wasn’t even enacted when search incident to arrest was conceived. In fact the trees that made the paper it was printed on hadn’t even been planted yet.
If you get pulled over & are found to have a warrant, yes the police can search your vehicle. Like answer #1 it’s a search subsequent to arrest. Also, if your vehicle is being impounded, the police will do an “inventory” of the vehicle & list pretty much anything of value before the tow truck driver takes it away. That list gets turned in at the booking area (along with you). That way you can’t blame someone for taking something that wasn’t really there. Also, during the “inventory” anything illegal can be seized & used against you. My advice is to not get warrants &/or be pulled over.
I got a rookie in trouble when he stopped me, about 10 yrs ago. There has never been a warrant out for me, and there was not one back then.
I had to get out of the car because my license was in the trunk, in my bag. When I opened my trunk he said “let’s do a car search.” He didn’t move anything around, but the statement alone was harassment, and an abuse of power.
All I had to do was call the desk sargent for them to get on his case. He was lucky I had not yet started my campaign to put all complaints in writing…
The cop has to prove “probable reason” to get into people’s things. It is not as easy and quick as coppers here want people to believe. It takes more than a hunch to search people’s property without a warrant, and call the search “reasonable.”
Yes they do under the patriot act or the “unpatriotic act” as I see it you are classified as a terrorist if you are suspected of even the smallest crime against the state or federal government. Which in turn means that if they felt it necessary for anything at all they could arrest and detain you and even legally torture you for even a misdemeanor. Also search and seize anything that they feel they want to for SUSPICION of a crime. Also you can be detained without trial for an undetermined amount of time as well.
It’s called search incident to arrest. When you are arrested the officers may search within the “lungable area” for weapons and evidence. That means they may search anywhere you could reach. In the case of a car it means the passenger area.
Let’s take it even further then your car. Lets say the Police come to your home and ring your door bell and you yell “Come in!” The Police walk into your home and see you sitting in your recliner and ask you “Are you Skip?” And you tell them you are that person. The Police then arrest you on the warrant. The Police may then search around your recliner for contraband under search incident to arrest. So in the scenario I just posted they may actually search your house (a small part of it anyway) without your consent or a search warrant.
So yes, in the question you stated, the search was valid.http://www.lectlaw.com/def2/s010.htm
Edit:
Uh, we’re talking about search incident to arrest here not Carroll Doctrine and someone’s fantasies of being the subject of Police Injustice. Also, the Patriot Act wasn’t even enacted when search incident to arrest was conceived. In fact the trees that made the paper it was printed on hadn’t even been planted yet.
If you get pulled over & are found to have a warrant, yes the police can search your vehicle. Like answer #1 it’s a search subsequent to arrest. Also, if your vehicle is being impounded, the police will do an “inventory” of the vehicle & list pretty much anything of value before the tow truck driver takes it away. That list gets turned in at the booking area (along with you). That way you can’t blame someone for taking something that wasn’t really there. Also, during the “inventory” anything illegal can be seized & used against you. My advice is to not get warrants &/or be pulled over.
if you were arrested out of your car and they call a tow, an inventory of the car’s contents must be done
YES
Yes, it is called a search incident to arrest.
I wouldn’t know because I’ve never been dumb enough to let misdemeanor traffic offenses turn into warrants.
holy cow, take care of your Shi*
I got a rookie in trouble when he stopped me, about 10 yrs ago. There has never been a warrant out for me, and there was not one back then.
I had to get out of the car because my license was in the trunk, in my bag. When I opened my trunk he said “let’s do a car search.” He didn’t move anything around, but the statement alone was harassment, and an abuse of power.
All I had to do was call the desk sargent for them to get on his case. He was lucky I had not yet started my campaign to put all complaints in writing…
The cop has to prove “probable reason” to get into people’s things. It is not as easy and quick as coppers here want people to believe. It takes more than a hunch to search people’s property without a warrant, and call the search “reasonable.”
Yes they do under the patriot act or the “unpatriotic act” as I see it you are classified as a terrorist if you are suspected of even the smallest crime against the state or federal government. Which in turn means that if they felt it necessary for anything at all they could arrest and detain you and even legally torture you for even a misdemeanor. Also search and seize anything that they feel they want to for SUSPICION of a crime. Also you can be detained without trial for an undetermined amount of time as well.