QUESTION
If I am sitting in my car which is in front my house and the police just see an open container, do they have the right to search my car?
Asked on Jun 12th, 2013 on Criminal Law - Colorado
10 ANSWERS
Geoffrey MacLaren Yaryan
Seeing the open container likely gives them probable cause to search the car. The police have the right to make contact with you as long as it doesn't involve a detention where you would not be free to leave. If during the contact they see evidence of a crime in you car, then they can seize it, and likely would be justified in searching the car for additional evidence.
Answered on Jun 17th, 2013 at 9:36 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Anything open to the public they can seize and they can search for other items of contraband.
Answered on Jun 15th, 2013 at 6:53 AM
Tax Law Attorney serving Birmingham, AL
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Meadows & Howell, LLC
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If they saw the open container from the outside of your vehicle, then it is not a search of your vehicle. The police have the legal ability to approach your vehicle and look through the windows.
Answered on Jun 14th, 2013 at 11:39 AM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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The police can search the area you are in when you are arrested. If they took you away from the car and then decided to search, you could contest the search by Arizona v. Gant. Get a lawyer.
Answered on Jun 14th, 2013 at 5:21 AM
Michael J. Breczinski
An open container of what?
Answered on Jun 13th, 2013 at 1:59 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't say your age. Are you under 21? If so, you are committing a crime and the officer may well be able to a search of your vehicle.
Answered on Jun 13th, 2013 at 12:45 PM
The police have the right to view anything in your car that is in plain view from outside of the car. The open container in plain view gives them probable cause to search your car.
Answered on Jun 13th, 2013 at 12:44 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Open container is a crime and gives them probable cause to search the passenger compartment. If they tow the car for the crime they do an inventory search and can search all of the car including the trunk.
Answered on Jun 13th, 2013 at 12:44 PM
Thomas Edward Gates
If it is in plain sight, it's not a search.
Answered on Jun 13th, 2013 at 11:11 AM
3 Awards
If under the influence then you will be charged w DUI and face losing your license. Cases say that if keys in ignition and you are impaired then you have problems. All they really need to show to arrest is that you were in car and it was easy for you to put car in motion. If not impaired then search of car may be illegal.
Answered on Jun 13th, 2013 at 10:56 AM