Can police search my vehicle without a warrant?

Question

I left the scene of an accident. The police found me later and I told them that I was the one in the accident. They impounded my car and searched it. Is that allowed without a warrant?

Michael Palumbo · Answer

Yes that is legal.

Jules N. Fiani · Answer

Yes.

Geoffrey MacLaren Yaryan · Answer

Cars that are impounded are search without a warrant for purposes of  inventorying the property in the vehicle. This is done because the purpose  supposedly is not to look for evidence that could be used against you.

James Albert Bordonaro · Answer

It depends on whether the search was for the purpose of inventory of the contents and if so, was the inventory done according to the policies on file with police depart.

Samuel H. Harrison · Answer

If they impounded the car they are usually required to conduct an inventory of the vehicle's contents; which means they have to search it.

Frances Ruiz · Answer

That depends on where they found the car and under what circumstances the search was conducted.

Cynthia Henley · Answer

Yes. They could search it at the scene to determine the owner and if the car was impounded, they must do an inventory search of the vehicle before turning it over to towing.

Mark R. Thiessen · Answer

Yes, they can search after impound it for inventory.  But sounds like a classic wheel witness issue.

Jacob P. Sartz · Answer

I'd recommend you retain a lawyer to assist you with this matter.   Speaking generally, yes, in certain circumstances the police may search and impound a vehicle without a warrant. Ultimately, whether a search was legal is an issue for a properly filed motion to suppress. If this motion, filed by the defense, is successful, any seized evidence may be excluded from being admitted at trial. Ultimately, it depends on the circumstances.

Christopher McCann · Answer

There is authority that allows for them to impound the vehicle if it was used in a crime. However, depending on the circumstances, they might need to get a warrant to search it. In some situations, though, police have "inventory policies" in effect that allow them to search any car impounded for "safety purposes." You need to consult with a lawyer as to the specifics.

Thomas Tomko · Answer

A vehicle can be searched for a number of reasons, safety, search incident to arrest, inventory search, are some of the valid reasons, IN your case, it is likely that any search would be an inventory search.  In short, yes, a vehicle can be searched without a warrant.  I hope that this was helpful.

Paula Drake · Answer

Since you admitted to the hit and run the car can be impounded as evidence in the crime. They can do an impond search without a warrant.   Did they find anything on the search that could result in other charges? You may need  to consult an attorney before things get worse.

Stephen Freeborn · Answer

If what they found was "in plain view" then the search was proper.  If, for example, what they found was in the trunk of the car, out of site, then they should have obtained a search warrant, especially if they had already impounded the car because the vehicle was now "in custody"  and "in their control", and therefore there was no likelihood that the "evidence" would be taken or destroyed.

Craig Elhart · Answer

Upon impounding your car, the police can conduct an impound search of the vehicle.

John DeVito · Answer

If the charge is Leaving the Scene after Causing Property Damage, the police are stretching there powers to search your car and impound your car. The police had the right to arrest you for the crime and to search the car for "fruits" or evidence of the crime you committed.  Technically the only fruits of leaving the scene is your car as the damage to your car may be consistent with the damage to the other vehicle. The police can take photos of your car, they can write in there police report that the damage to your car was consistent with the damage to the other vehicle; but, I have never seen a situation where the police impounded the vehicle. It is worth engaging an attorney to agrue this matter on your behalf.

Eric Sterkenburg · Answer

Any time the police take property they have to do an inventory search of the property. The official reason for this is to insure that everything that was a part of or in that property is there when it is returned. The real reason is to get around the need for the search warrant. Under the current case law the police have the right to search your car when it is impounded.

John Bussman · Answer

That is allowed for several reasons, but it is a moot point unless they found contraband or evidence of a crime and they're now trying to introduce that evidence against you.  If you're only accused of hit & run and nothing illegal was found in your car, then the search is of no consequence.

Michael J. Breczinski · Answer

They could impound your vehicles because it was involved in a crime and they can search it incident to it's getting impounded.

James Schoenberger · Answer

No. If the vehicle was impounded, a search warrant must be obtained. Items in plain view, however, can be "seized" without a warrant.

Jeff Yeh · Answer

Yes they can, because you gave them probable cause. By talking and saying that you were the one involved in the accident, that gave rise to probable cause for further action incidental to the lawful detention.

Jared Austin · Answer

If a car is determined to be abandoned, the police can and will have the vehicle towed. Once in police custody, the police can perform what is called an "inventory search" of the vehicle for safety purposes which is legal as long as they are in lawful possession of your vehicle at the time it is brought in. It really is of no consequence or concern unless they found something incriminating. If that is the case, have an experienced criminal attorney review the case to determine if the search was valid.

Louis Leibowitz · Answer

If the police impound a car, under certain circumstances they can do an "inventory search" of your car without a warrant. You should speak to an attorney about whether your circumstance fits within that exception to the warrant requirement.

Steven Fairlie · Answer

It would depend on what they had probable cause to believe was in your car.  If they have probable cause to believe that something which is readily destroyable, and is evidence of the crime, is in your car, then they can likely search without a warrant under the exigent circumstances exception to the warrant requirement.  It would be safer for them to get the warrant but most Pennsylvania Judges approve of car searches without a warrant when exigent circumstances exist.

Jonathan Baner · Answer

Depends on the circumstances and the scope of the search.  A police inventory search following an arrest and impoundment is sufficient and broad in scope for purposes of inventorying the car's contents.  It must not be a sham impoundment (i.e. they pull over a suspected drug dealer for not using signal and then impound the car for purposes of searching for drugs but with a wink and a nod calling it an inventory).

Edward Blum · Answer

It is probably legal as an administrative search.

Jared Altman · Answer

What they did was considered an "inventory" and not a search. Yes, they can do it.

Carina Laguzzi · Answer

Are you sure they didn’t get a warrant?  If they impounded your car, they may have gotten a warrant.  But yes they generally would need a warrant.  Talk to your attorney about a possible motion to suppress.  Hire an experienced   criminal defense attorney.

Jaime Cowan · Answer

Yes it is considered an inventory search and they do not need a warrant for that.

Kenneth Wincorn · Answer

If they can legally impound it they can search it.

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