Can a police officer search a car without the owner/operaton present?

Question

I was at a club with a friend I went outside to get a cigarette.  I couldn’t find it. A police officer pulled up and asked me what I was doing. I explained that it was my friends car and showed him the keys.  He took them out of my hand.  They had me step by their cruiser as they began to search the car.  I exclaimed again that it was not my car. They stopped the search but in the process found a container of weed.  I told them it was mine and I received a citation.

Jules N. Fiani · Answer

Yes.

Michael Nack · Answer

Why in the world would you ever tell the police that a controlled substance   was yours? You have already made your defense much harder than it needed  to be.  Under the facts that you give us there may be a good challenge to the  search of  the car, but that still leaves us with the problem of your  "confession". You  need to hire the best attorney you can afford and hope that he  or se will be  able to either defend the charge or at least negotiate a  plea bargain that will  avoid a conviction being entered upon your record. I  hve handled hundreds of  such cases in the thirty-three years that I have been  practicing law, and I  might be able to help you.

Cynthia Henley · Answer

You had care, custody, and control over that car as evidenced by the possession of the keys (apparently you having the car open). They really didn't have any right to search the vehicle, but you are in a difficult position because arguably you do not have standing to object to the search. (Had you not said anything about to whom the marijuana belonged, unless they claim they smelled it on you and even then, it would have been difficult to convict you or your friend who owned the car.)

Michael J. Breczinski · Answer

They should not have searched the car if they had no probable cuase to do so.  Get an attorney.

Jacob P. Sartz · Answer

Whether a search was valid is always an issue in criminal cases. It's not a  simple issue.   I'd recommend you retain an attorney to assist you with this matter. If you  cannot afford an attorney, the court will appoint you one at the public's  expense. If there are grounds to file a suppression motion and kick any evidence  from the stop, it could have a substantial impact on the outcome of your case.  However, whether to file the motion is a key decision that should not be made  after a careful and thorough review of the applicable case law and your specific  facts.

Joseph Katz · Answer

To Whom It May Concern:  First and foremost, why did you admit that you owned the marijuana?! Why did you mention that the car did not belong to you? Why was that relevant? "What are you doing," said the officer. "I'm getting a cigarette. Why?" you said. You weren't doing anything wrong. There was no reason for the police to subject you to questioning. Even if they were curious, a simple "I'm getting a cigarette. Why?" would have sufficed. I am not quite sure what you meanabout not being able to find the cigarette. You mean that you were searching all over the car as if you were burglarizing it? The cop did not need to search the car. They can undoubtedly get away with it, under the pretense that he suspected you were burglarizing the car and he was searching for your burglary tools, etc. (yes, even though you had the keys). There was still no reason for you to admit the weed was yours.What was the cop going to do, go search the club for your  friend for a little marijuana?! And by the way, if the marijuana was yours, then you had a right to be in the car, right? So, there was no legal basis for asearch without a warrant, right? You still have not learned Rule Number One: DON'T TALK TO THE POLICE. Don't make admissions. Don't put your foot in your mouth.

Cindy L. Barton-Coombs · Answer

Before they can search a car the police need either probable cause (they have a reason to believe that a crime was committed or is being committed involving the car) or someone gives them permission.I don't know from your question if they asked you if they could search the car, or if they had reason to believe you were breaking the law.(Could they have smelled MJ before they searched.It does sound from the brief question that the search may have been without probable cause or permission and maybe suppressed.Good Luck.

Roianne Houlton Conner · Answer

Based on the facts and circumstances they did not have the right to search the car.

Theodore G. Hess · Answer

1. Whether the police can search a car does not depend on the presence or absence of the owner.  2. In this case, the police may have suspected that you were trespassing in, or about to steal, the car.  In that case, they can briefly detain you and question you.  (You do not have to answer their questions.)  3.  Once you disclaimed ownership of the car, your Fourth Amendment privacy interests were not violated; the owner's were.  Thus, you do not have "standing" to suppress the fruit of the search.

Thomas Tomko · Answer

It doesn't matter.  When the container of weed was found and you admitted it was yours, any claim of an illegal search was lost.  Controlled substances found outside the curtilege of the home is not subject to the exclusionary rule under the Michigan Constitution.

Paul J. Wallin · Answer

A police officer must have probable cause to search any vehicle. From your facts it doesn't appear they had probable cause to search the vehicle. This would mean that your experienced criminal defense attorney could bring under PC 1538.5 to attempt to suppress the evidence that was found in the vehicle. These motions are complicated and will depend upon what the police testify to and what you testify to as well.

Craig Elhart · Answer

The police cannot conduct a search with either a warrant or the owner's consent.  You should seek the advise of an attorney as to whether this was a valid search.

Gary Moore · Answer

It was an unlawful search, violating the Fourth Amendment to the United States Constitution. The right question is whether he can do it lawfully. No. Can he do it. Of course, he is wearing a gun. You need to assert your rights in Court. You need a lawyer to do this.

Jeff Yeh · Answer

First of all, you were completely foolish to have shown the cops the keys. Now that you've made that mistake, you need to hire an attorney to explore a 4th Amendment / 1538.5 motion to challenge the search & seizure.

Kathryn Hudson · Answer

No, that was an illegal search and seizure. The law prior to 2009 used to allow the search of a vehicle incident to a legal traffic stop but that changed with Arizona v Gant. Now, unless there are exigent circumstances such as the suspect being able to reach a weapon or destroy evidence, the police absent consent must have a search warrant to search the car. Also, the search must be connected for the reason the suspect was stopped and detained.  In your case the car was parked so there was no traffic related pretext. You should retain an attorney and fight the charge on Constitutional grounds.

David Lee Smith · Answer

Search and Seizure issues can be complicated.Under these facts the officers probably did not have reason to search the vehicle.

Jared Austin · Answer

Due to the exigency of how quickly a car can move away, all the police need to search a car is probable cause that they will find some sort of contraband. Probable Cause can be based on a number of things. You need to have an experienced criminal defense attorney review the police report to see if there was valid probable cause or to search for any other errors that could get the charges dismissed or reduced.

Jared Altman · Answer

You had no expectation of privacy in you friend's car. It wasn't your car. I think that the charge will stick.

Edward Blum · Answer

Obviously, they can search the car. The question is whether the search will stand up in court.  I think not.  They need probable cause to search the car, in your case I can't find anything to give them probable cause.  You were committing no crime.

Eric Sterkenburg · Answer

A police officer needs probable cause to conduct a warrantless search. If he has that he can search without the owner being present or without the owners permission. Check the report to find out what the officer putdown as probable cause.

Dennis Roberts · Answer

Get your friend to sign a declaration saying that the weed isn't yours, it is  his. He needs to put in his address and phone number.   If youhave a public defender make sure he/she gets this note.

Mark R. Thiessen · Answer

Search and seizure law is very complicated and you will need a great attorney with lots of knowledge and experience in drug cases.  From just what you say, he cannot grab your keys and if it's not your car then you do not have authority to consent to searching it.  But you really need the officers side to see the loop holes.

Joseph Dane · Answer

Even though you're looking at an infraction (assuming it was less than an ounce), you still may have a valid motion to suppress the evidence against you based on an illegal search.  Your lawyer will have to examine all the police reports and evidence in order to fully assess the situation.

Robert Watkins · Answer

Sounds like a warrantless search without consent. If you have the   keys you have control of the car and may have an ability to give   consent regardless of whether it is your car or not. But it sounds  like you didn't consent? A Motion to Suppress may be warranted. If   you win the motion, the police lose the evidence and the case.

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