QUESTION
Is it legal to search a vehicle due to prior drug conviction?
Asked on Oct 18th, 2011 on Criminal Law - California
More details to this question:
I was pulled over for: improper registration of plate lamp. The car was legal except for the plate lamp. My boyfriend's son is the owner of car. Can the vehicle be searched due to prior drug convictions?
22 ANSWERS
Gary Moore
No.
Answered on Jun 03rd, 2013 at 12:50 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 12:50 AM
2 Awards
No.
Answered on Jun 03rd, 2013 at 12:40 AM
Jacob P. Sartz
Speaking generally, if there are issues with how a search was conducted, the defense may be able to file a motion to suppress and prohibit the alleged incriminatory evidence from being admitted at trial. However, motions to suppress should only be filed if they are timely researched, properly prepared, and part of the trial strategy for a particular case.
Answered on Nov 11th, 2011 at 1:55 PM
No, the police have no right to search a motor vehicle that has been stopped for a civil motor vehicle infraction. The police can give you a ticket and let you go. If the police had grounds to arrest you (for example they have a warrant for your arrest), then they could impound the vehicle and conduct an inventory search of the vehicle. If you were charged a crime (not just a civil motor vehicle infraction) the police could search the vehicle for evidence of the crime or impound the vehicle and conduct and inventory search before it is released to the tow company. A good criminal attorney will know how to deal with the situation.
Answered on Oct 24th, 2011 at 1:48 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No, unless there is reasonable suspicion to believe that there are drugs in the car (such as the odor of marijuana, the odor of dryer sheets which are used to mask drug odors, a hit on the car by a drug dog, etc.) You have standing to object if you were driving the car. If there were drugs found in the car, depending on where they were located (and whether they could be smelled, etc.), they may have a difficult time getting a conviction.
Answered on Oct 24th, 2011 at 1:31 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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A vehicle can only be searched if consent is given or if the police have probable cause to believe that something illegal is present. If they didn't find anything incriminating then there really is no harm against you. If you feel you have been wronged, you can always file a complaint with the police department.
Answered on Oct 20th, 2011 at 1:22 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If you are being charged with a crime due to the search, you should ask your attorney what defenses may be raised. If you do not have an attorney, you should meet with one and discuss representation as soon as possible.
Answered on Oct 19th, 2011 at 2:05 PM
Michael J. Breczinski
Well if the person driving is on probation or parole his probation or parole officer can do exactly that. Outside of that the answer is no.
Answered on Oct 19th, 2011 at 1:14 PM
Assault Attorney serving Richardson, TX
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No, that is not a valid reason.
Answered on Oct 19th, 2011 at 12:38 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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The answer is no. The police can only search a car without a warrant if the reason for the search is connected to the reason for the traffic stop. Having a prior drug conviction does not allow for searches without a warrant.
Answered on Oct 19th, 2011 at 12:25 AM
The scope of the stop and search of the car should be limited to current or suspected current illegal activity. The police need more than a person with a prior drug conviction and a broken light to search the vehicle.
Answered on Oct 19th, 2011 at 12:08 AM
Keeley D. Heath
A prior drug conviction alone would not be reason enough to search the vehicle. The police would have to have probable cause to believe that there was some other crime in progress currently. Of course, if the search was consented to, then the police would not need a valid reason to search the vehicle.
Answered on Oct 18th, 2011 at 11:16 PM
If the cop recognized the person as a prior convictee that may give rise to probable cause to search the car.
Answered on Oct 18th, 2011 at 11:11 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Possibly. Was anyone on parole or probation? If so, then yes, the police can usually search.
Answered on Oct 18th, 2011 at 11:11 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Whether or not the search of the vehicle was legal depends on all of the facts and circumstances involved. As such, in order to properly evaluate this issue more information is needed beyond the fact of a prior drug conviction.
Answered on Oct 18th, 2011 at 11:02 PM
3 Awards
No, prior drug possession is not probable cause of anything.
Answered on Oct 18th, 2011 at 10:30 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the investigating officer has probable cause that a crime has been convicted, the officer fears for his/her safety, or there is something illegal that is in plain view, then yes.
Answered on Oct 18th, 2011 at 10:03 PM
If and when a car may be legally searched depends on the facts. An officer may search the car if he has reasonable suspicion that he will find an illegal item in the car. An officer may search the car if the driver or passenger is on probation. He may search the car if he sees in plain view something illegal. The police may search the car when they make an arrest of someone in the car. If the car is taken to a police impound lot they may search the car as part of an inventory search. It is not legal to search at car only because the driver has a record yet is not on probation or parole. As you can see it depends on the facts to determine if the search was legal.
Answered on Oct 18th, 2011 at 7:36 PM
3 Awards
No. they need another independent reason for probable cause. Be careful, they lie about that all the time.
Answered on Oct 18th, 2011 at 6:42 PM
Personal Injury Attorney serving Atlanta, GA
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ChancoSchiffer P.C.
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Prior Drug convictions in itself would not be cause, but then again, other factors could have arisen in the officers mind that lead him to find probable cause. Also there could be a consent issue involved. I would never allow an officer to search my car absent a warrant or arrest. This search would be challenged at a Motion to Suppress hearing and for that I would recommend you retain strong local counsel.
Answered on Oct 18th, 2011 at 6:16 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Not legally unless he is on parole or probation.
Answered on Oct 18th, 2011 at 6:15 PM