QUESTION
Is it legal to search a car after two people have been arrested for felony warrants?
Asked on Jan 09th, 2012 on Criminal Law - Arizona
More details to this question:
If I am pulled over by police and two out of four people in the car are arrested for felony warrants, is it then legal for them to search the vehicle? Both car and owner were released after search.
3 ANSWERS
4 Awards
Generally the answer is yes. However, there are many factual variables to the answer. But "yes."
Answered on Jun 20th, 2013 at 1:33 AM
Based on the few facts provided, I can only say it was probably legal. If you are to be charged with a crime, you should consider retaining counsel to begin working on the legality of the search.
Answered on Jan 25th, 2012 at 4:31 PM
Based on the facts presented, in Arizona, I would say no. There is a newer Supreme Court Case, Gant, that says a warrant must be obtained unless there are exigent circumstances or the vehicle is towed. The vehicle you were in was searched. Also, if all the occupants were pulled out of the vehicle there is no safety issue for the police to search for weapons. If everyone was pulled out of the vehicle, the vehicle was not towed, there were no exigent circumstances then the police should have obtained a warrant. You did not mention what was found in the vehicle. If the police could smell marijuana, they can search for it.
Answered on Jan 25th, 2012 at 4:30 PM