QUESTION
Can the police open car doors to determine if a car has been burglarized?
Asked on May 23rd, 2017 on Police Misconduct - Florida
More details to this question:
I pulled into my complex at 5:00 AM to find a police officer tugging on car doors, and opening ones that were unlocked so that he could look in them with his flashlight. I approached him and asked if he was actually allowed to do that. He said there was a call reporting burglaries in the complex, so he had to open the doors and look to "confirm if they had been burglarized". I spoke to the Sergeant to voice my concerns. I asked him why this wasn't considered an illegal search and he said it wasn't because they weren't technically "rifling" through the car, only opening the door so they could look inside. Does opening the door by itself not count as a "search"? He claimed they were doing it as "courtesy", but I think very few people would consider someone they don't know looking around inside their car a "courtesy". Thank you.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
I agree with you that this is likely an unlawful search. While this is likely an effort by law enforcement to keep burglaries and car theft down by leaving notes for owners to lock thier cars, they have lawful authority to essentially "break into" the car even withgood intentions. If a perp went around checking cars to be opened, and then look around in them, without permission they would be charged with B&E. Though the intentions maybe good on one side - this can certainly be problematic such as suppose they find murder weapon on the floor and a body in the trunk? illegal search criminal walks unless they testilie. Same for drugs or paraphanelia in the car.......
Answered on May 24th, 2017 at 6:22 AM
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