QUESTION
Can police searched your car with out your permission, and give you a ticket for a DUI with you not being in the car or close by it?
Asked on Jul 22nd, 2014 on DUI/DWI - Illinois
More details to this question:
Police got called because i was trespassing at a home i shouldn't have been. I got arrested for trespassing, and once i got to the police station im being told and handed all theses tickets because my car was searched and towed. Can they do that? Things were found, that shouldn't have. My vehicle wasnt at the location where the police was called, and had nothing to do with the reason they were called there for. I was drinking earlier that day, and i smelled like alcohol, and they gave me a drinking ticket as well, without me Blowing, and im getting charged with a DUI as well, when I wasn't even in, nor near the vehicle, or driving at the time of the arrest. once i was at the station i was handed all the tickets, and they turned off the camera while my processing wasnt done. quote "want to say anything before i just off the camera"... and when i told them constantly that they unlawfully searched my car, the officer said "YES".. and of course he answered when the camera was "shut off".
1 ANSWER
Doreen S Bell
If you have the keys in your possession you are under control of a motor vehicle but the car must be in close proximity to you. I argued the Supreme Court case of search of autos and the court adopted my brief and made the law. An officer must have probable cause to search a car. The exception is when the arrest and do an inventory search. A war ratless search with the excuse of protecting your property. Each case is different depends on the facts
Answered on Jul 23rd, 2014 at 6:47 PM