QUESTION
Was it legal for the police to search my car if I wasn't the one driving it?
Asked on Apr 05th, 2013 on DUI/DWI - Michigan
More details to this question:
A friend of mine took my car which then got pulled over while drinking. I was not in my vehicle at the time just my friend. The police ended up charging him for driving under the influence and taking him in. Was it legal for the police to search my car?
4 ANSWERS
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
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Yes, the search of a car is deemed a search incident to arrest. If the police released the car to you that night and didn't store it you may be able to challenge the search.
Answered on Apr 09th, 2013 at 7:53 PM
Michael J. Breczinski
He was in charge of the car and they could impound it because of the arrest. If they can impound it then they can do an inventory search.
Answered on Apr 08th, 2013 at 1:45 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the must inventory its contents when it is expounded.
Answered on Apr 08th, 2013 at 12:24 AM
Estate Planning Attorney serving Clinton Township, MI
Partner at
Charles Regan Shaw, PLC
Yes.
Answered on Apr 07th, 2013 at 9:59 PM