QUESTION
Can an officer ask to look in your car because your passenger has a weed charge in the past?
Asked on Apr 26th, 2014 on Criminal Law - California
More details to this question:
My boyfriend has a weed charge from 10 years ago and cops asked if they can search the car when we get pulled over together.
9 ANSWERS
Michael J. Breczinski
They can ask but you can refuse and they do not have probable cause to search it. That is why they asked.
Answered on Apr 30th, 2014 at 9:39 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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The cop can ask, but you are free to say NO. Make him get a warrant.
Answered on Apr 29th, 2014 at 7:01 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Cops can ASK to search for any reason. The real issue is whether they can search without your permission or not.
Answered on Apr 29th, 2014 at 7:01 PM
James Edward Smith
Unless he's on probation or parole-no.
Answered on Apr 28th, 2014 at 11:56 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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If your boyfriend is not on probation for ANYTHING, they cannot search his car without cause. The 10 year old charge should not make any difference.
Answered on Apr 28th, 2014 at 11:36 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Police can always ask to search you, your vehicle, or your home provided the initial contact with you is lawful. For example, a traffic stop. The police can ask, but you have no obligation to grant them permission. If the police ask to search, always say no.
Answered on Apr 28th, 2014 at 11:22 AM
3 Awards
They can ask any time they come in contact with anyone BUT you do not have to consent if they are asking a question, you can always say NO they may say what are you hiding, and you can say MY LAWYER SAID NOT TO GIVE CONSENT your rights are very powerful, but only if you know to assert them - if you waive them (by giving consent) you lose that power the cops may search anyway and they may try to get you to talk about what they find - do not argue with them, and do not discuss what they find - the time to argue is in court with a lawyer - the time to discuss facts of the case is with a lawyer just say I do not consent, I want a lawyer and then be quiet.
Answered on Apr 28th, 2014 at 11:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He can certainly ask, and you can certainly refuse, unless there is some form of probable cause.
Answered on Apr 28th, 2014 at 11:06 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Police officers can always ask for consent to do a search and, if the person who has authority to consent to the search allows it, the search is proper.
Answered on Apr 28th, 2014 at 11:04 AM