QUESTION

If you are pulled over and arrested for DUI are the officers able to look through personal belongings in your vehicle?

Asked on Mar 21st, 2013 on DUI/DWI - California
More details to this question:
I got pulled over for and was arrested and the arresting officer did not read me my rights.
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6 ANSWERS

Michael J. Breczinski
Yes they can look through you car since they can impound it for the offense.
Answered on Mar 25th, 2013 at 9:38 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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Almost everywhere I know of, they will have to make an inventory search of the vehicle to avoid later claims that property is missing.
Answered on Mar 24th, 2013 at 8:04 PM

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John D Duncan
The answers to your question depend largely upon the chronology of events. The Georgia Supreme Court has determined that when stopped for DUI, officers do not have to read your Miranda warnings prior to asking for field sobriety testing because they are deemed "voluntary." Once you are arrested, the officers arguably have the right to search your vehicle incident to your arrest, but that is typically limited to places where the types of contraband or weapons could be. Whether a purse qualifies depends on the circumstances. As for reading rights, once you are arrested, the law says they do not have to read your rights unless and until you are being questioned. Hire a lawyer as soon as possible to investigate the stop and represent you in court.
Answered on Mar 24th, 2013 at 7:52 PM

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You need to hire a DUI specialist and do it soon, because you have only 10 days to save your license. If timely action isn't taken, you can forget about the issues regarding your rights not being read or the unlawful search.
Answered on Mar 24th, 2013 at 6:15 PM

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Criminal Law Attorney serving Melrose Park, IL at The Law Offices of Carlos H. Davalos
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The ability of police officer's to search a vehicle incident to an arrest was substantially curtailed after the United States Supreme Court decision in the Grant case. Speak to an attorney to determine whether the search can be challenged and evidence suppressed.
Answered on Mar 24th, 2013 at 6:10 PM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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If the officers had probable cause (something a judge will determine after a hearing), then yes the officers can search personal items.
Answered on Mar 24th, 2013 at 5:56 PM

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