Consent To Search A Vehicle Case Law
Part 5: Do I Have To Give Police Consent To Search My Vehicle?
The majority of roadside car searches are done without a warrant and without probable cause.
How’s that possible you may ask?
[Read more…]Everything You Ever Wanted To Know About Police Inventory Search Of A Vehicle In Illinois
Part 4: Police Inventory Car Search
Are impoundment/inventory searches lawful where probable cause does not exist for the vehicle?
Yes.
[Read more…]What Constitutes Probable Cause To Search A Vehicle?
Part 3: Probable Cause & The Automobile Exception
Probable cause to search car means if an officer has reason to believe that there is evidence of a crime in a car that car can be searched without a warrant.
If probable cause exists for the vehicle itself, is it lawful to perform a warrantless search of the vehicle?
Yes.
[Read more…]Can Police Order A Driver And Passenger Out Of A Car During A Traffic Stop?
Part 2: The Ordinary Scope Of A Traffic Stop
Before there can be a car search there usually is a traffic stop. But does a traffic stop alone allow a warrantless search of a vehicle?
[Read more…]Arizona v Gant What You Need To Know About This Landmark Car Search Decision
Part 1: Gant And The Aftermath
The Arizona v. Gant, 129 S.Ct. 1710, 556 U.S. 332 (2009) decision from the United States Supreme Court was an unmitigated disaster…for police.
[Read more…]When Can Police Search Your Car Without A Warrant? The Ultimate Police Car Search Guide
The automobile exception to the warrant requirement is alive and well and permits an officer to search a car without a warrant whenever the officer is aware of facts sufficient to support probable cause to believe a vehicle contains contraband or evidence of a crime.
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