QUESTION

Can a police officer search my car without my consent?

Asked on Jul 27th, 2014 on Criminal Law - Massachusetts
More details to this question:
A police officer performed a search of my vehicle outside of my work without my consent. He claimed the reason he could do so was because there was a break-in/theft in the vicinity, and that my car was parked in a "suspicious" area. i.e. the portion set aside for employee use. Was a search in this circumstance legal?
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1 ANSWER

Administrative Law Attorney serving Attleboro, MA at Law Offices of Edward Molari
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In general, police need a warrant to conduct a search of a home or car, but there are a lot of exceptions, especially in the context of a car.  The most common exception is where the police have "probable cause" to believe that evidence of a crime is contained in the car.  Probable cause is that amount of evidence which would lead a reasonably prudent person to a particular belief.  The simple fact that your car was parked in an employee section of a parking lot does not give the police probable cause to believe there was evidence of a breaking and entering inside of it, but if there were some contextual evidence that would lead a reasonable person to believe that there was evidence in the car, that could change the answer.
Answered on Aug 01st, 2014 at 4:31 PM

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