Can the police search a vehicle after the owner denied permission to search the vehicle?

Question

Leonard A. Kaanta · Answer

No.

Austin Hirschhorn · Answer

If the police have "probable cause" they can search a vehicle after the owner has denied the police request for permission to search the vehicle. To justify the search there must be something about the content of the vehicle that triggered the request to search otherwise the police could have impounded the vehicle and obtained a warrant to conduct the search.  If your defense attorney does not think there was probable cause for a search that issue should be raised at the preliminary hearing.  You don't indicate why the vehicle was stopped or what, if anything, was found as a result of the search.  Without more information it is impossible for me to give you a proper answer to your question.

George Derieg · Answer

Yes. If the police believe they have probable cause they can search your car without your permission. Probable cause can come in all shapes and sizes; generally if the police saw you commit a crime with your car, or in your car that would justify searching it.

Gregory Casale · Answer

The police must have either the owner's permission, a search warrant, or exigent circumstances to search your vehicle. Exigent circumstances are very narrowly defined and if the police asked you for permission, they obviously felt they needed it to search. I hope you have good counsel. It sounds like a motion to suppress to me.

Dennis Roberts · Answer

No. Now ask me if that stops them from searching and claiming they were given  permission.

Brian Wanerman · Answer

Unfortunately, the police can search pretty much whatever they want. You did the right thing by refusing consent. But, whenever the police conduct a search anyway, never interfere. Contact an attorney as soon as possible.  Although the police can search, the big issue is whether or not any evidence they find can be used against you. They key is whether or not the search was constitutional. If it wasn't, the evidence must be suppressed. In general any search conducted without a warrant is unconstitutional. However, there are a large number of exceptions to this general rule. The police/prosecutor will always claim that one or more exceptions existed. Without knowing more details about your case, it's impossible to tell what exceptions they might claim. You should consult an attorney immediately to protect your rights.

Michael J. Breczinski · Answer

If the police are asking permission it usually means that they need a search warrant.

Francis Cowhig · Answer

Not unless they first obtain a search warrant, have probable cause or there are exigent circumstances.    If you are presently being charged with a crime, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest.  He/she would then be in a better position to analyze you case and advise you of your options, including the possibility of filings motions to suppress.

Herschel Bullen · Answer

The question lacks factual detail which would enable me to respond specifically.  The answer to your question is: it depends.  While a warrant is generally required before an officer may conduct a search, an officer may search a vehicle without a warrant if the vehicle is readily mobile and probable cause exists to believe the vehicle contains contraband.  Are there surrounding circumstances which may provide probable cause for the search?  Probable cause to search a vehicle without a warrant requires a belief on the part of the officer, reasonably arising out of the circumstances known to him, that an automobile contains something which by law is subject to seizure and destruction.  Probable cause to search a vehicle without a warrant is a flexible, common-sense standard, i.e., a practical, nontechnical probability that incriminating evidence is involved, is generally all that is required.  But there are many possibilities depending upon the particular facts of your case.  There is no simple, on size fits all, answer.

Eric Sterkenburg · Answer

The police may search a car without a search warrant or permission if they have probable cause to think that there are illegal items hidden inside.

Jared Altman · Answer

Only in the immediate vicinity of any occupants.

Clayton Lockhart · Answer

If they weren't given permission to search the vehicle, then all they would need to do is apply for a search warrant, which if granted, would allow them to search the vehicle even without the owner's consent.

Gregory Crain · Answer

Yes with a warrant or exigent circumstances.

Larry Dunn · Answer

If the police have probable cause and exigent circumstances, the police can   search a vehicle without a warrant. Absent exigent (emergency)  circumstances,  the police must seek a search warrant from a judge in order to search a  vehicle  without the owner or person who has possession of the vehicle  permission.

Mark R. Thiessen · Answer

Yes for weapons in the grab area, with a warrant, or for inventory post arrest.

Jeff Yeh · Answer

Yes if there is probable cause. For example, if the cop smells marijuana. It could be a whole host of things that give rise to probable cause.

Terry Nelson · Answer

CAN they search?  Yes.  They generally may for cause, for personal safety of the officers, upon arrest, etc.    If you were arrested or charged, you would have an evidence suppression issue to raise in a motion if prosecutors seek to introduce into evidence what they found.  If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

Mark Smith · Answer

Can they? Yes. Is it legal NO!  But be prepared for the police to say  that  the owner consented to the search.

Gary Russell · Answer

In certain circumstances yes.  If an arrest has been made and the vehicle is being impounded incident to the arrest, then the officer can perform and inventory search.  If the officer has probably cause, a search may be warranted without an arrest or warrent.  If the officer sees contraband in the vehicle, the officer can seize the contraband and then search the vehicle.  Finally, the officer has a limited ability to search to assure his saftey (kind of like a pat down of the person to assure there are no weapons).

Sheryl Graf · Answer

Under the 4th Amendment, we are to be free from unreasonable search and seizure.  In general, for a search to be valid, the police need a warrant or consent.  There are many exceptions to the general rule.  I recommend that you meet with an experienced attorney to thoroughly evaluate your case.  If the search was illegal, then the punishment for the police is suppression of any illegally obtained evidence.  The prosecutor would not be able to use that evidence in a criminal prosecution.  Without sufficient evidence, the criminal charge would be dismissed.

James Schoenberger · Answer

Usually only if they first obtain a search warrant, but if the driver was not the owner, he or she can give permission to search.

Steven Alpers · Answer

The police need probable cause or a search warrant if the owner denied permission to search.

Steven D. Dunnings · Answer

Not unless it was a search incident to an arrest

James Osak · Answer

YES . . . happens ALL the time. However you keep denying them permission. They should have gotten a warrant because anything they find has to be expunged (w/o a warrant). But . . . if they do find something they'll just say YOU gave them permission.

Matthew Kober · Answer

They can if they have probably cause to believe there is illegal activity, for example if they could smell marijuana, etc.   Otherwise, no.

Dennis P. Mikko · Answer

It would depend on the circumstances under which they searched.  Generally speaking, without permission, the police would have to obtain a search warrant.

Timothy Byrne · Answer

Yes. Whether or not the search is lawful will be fact driven and ultimately decided by a judge

Patricia Corrales · Answer

The answer is twofold. No and Yes.  Consent to search is an exception to the warrant requirement but there are other exceptions as well that maybe applicable to your situation.  Without know more facts, it is difficult for any lawyer to give you advise.  I suggest that you contact a criminal defense attorney for further guidance.

Nathaniel Shafer · Answer

It depends. I know that's a frustrating answer, but it depends on all the circumstances. The police need probable cause to stop a car, and once it is stopped the police officer can search for weapons anywhere an occupant could grab a weapon. Beyond that, they need probable cause that they will find further evidence of criminal activity to search the vehicle. If the police searched your car without permission, it is possible that any evidence might be suppressed. Hire a talented lawyer for the best results.

Jeffrey Pollock · Answer

Yes if there is "probable cause" to do so.

Stephen Freeborn · Answer

Generally not, but there is the "plain view doctrine", which means that if the officer looks through the windows or door of the vehicle and sees something in plain view, he does not need a search warrant.  Also, be careful how you protest, as the officer could then simply have your vehicle impounded  and then obtain a warrant.  You will be responsible for the costs of the impound, which could be expensive. If you can't pay the impound fees, you don't get your car released.

Mark Bruce · Answer

Depends on the circumstances.  All you can say is that it was a non-consensual search.  There are many exceptions to the 4th Amendment when it comes to autos.

John Patrick Yetter · Answer

If the police have probable cause to search, consent may not be needed.

Michael Edwards · Answer

Yes, if they have probable cause, or one of the other exceptions to the usual requirement that they have a search warrant.  You need to consult with a good defense attorney, and get an opinion, based upon the specific facts of your case.  Good luck!

Michael Palumbo · Answer

Not without probable cause

Randall England · Answer

The police may search a vehicle without permission if they have probable cause to believe that illegal items or evidence of a crime may be found inside. It would be unusual, but they can also search inside if the arrested person is still inside the vehicle.  If the vehicle is towed in, the police may also do an inventory search later for the purpose of safeguarding the owners property, and protecting the police from accusations of theft.

Stephen Hebert · Answer

Only if the if the officers have the following: (1) a warrant; or (2) probable cause to believe that contraband or other evidence can be found in the vehicle + ?exigent circumstances.?  However, it should be noted that courts tend to find exigent circumstances when a car is involved.

Troy Gorman · Answer

There is not enough facts available to be certain, but generally, if you have been stopped for a traffic offense and there is "reasonable cause" for the officer to believe there is a weapon or contraband in the vehicle, they can search.? If you were taken into custody, they can search the vehicle before they impound it for inventory and saftey reasons.

Jason Savela · Answer

If they have a good reason to.  There are many circumstances that allow it but the prosecution must justify the search in court to a judge.  The passenger area of a car is among the least protected areas in the USA.  The trunk is better but still not as good as the home.  Refusing to allow the search forces the cops to justify it.  Consenting removes the ability to argue it was an illegal search.  Always refuse.

Stuart Nachbar · Answer

If there is something in plain view, they can.

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