QUESTION
Can the police legally search a rented car?
Asked on Jan 23rd, 2012 on Criminal Law - New Hampshire
More details to this question:
If I rented a car from a company and was pulled over by state police for driving "reckless" and tell them they don't have permission to search the car, is it legal for them to do so if they say they got permission from the company? Can the company give permission to search even if the car is rented in my name? I passed the sub. test and was told the car was going to be confiscated and they sent a dog at my car, they were told they had permission for a common area search but the only thing they found was in my glove box, after searching the center console, trunk and glove box. They said the dogs sniffed it out but it was only my girlfriends medication found. Still i was cuffed and taken in for 6 months. Someone please help me figure out my rights?I don't believe there was any right to search or that permission was rightfully granted from any parties involved.
1 ANSWER
Criminal Law Attorney serving Salem, NH
at
Law Office of Patrick E. Donovan, PLLC
Update Your Profile
Your short answer is no. You have a right to privacy in a rented car and the police cannot search it without your consent. If you were arrested, the police can conduct what is called an inventory search, which is intended to secure any valuables within the vehicle, but the extent of the search is dictated by any search policy generated by the arresting agency. A "hit" by a dog that is properly trained to detect contraband will only provide the police with probable cause to obtain a search warrant. The police still need to obtain a search warrant before they search the vehicle.
Answered on Feb 17th, 2012 at 1:39 PM