Do the police have the right to search my trunk if their was no access to it from the inside of my car?

I was charged w/ conspiract to commit aggravated assult. The police said they got anonymous tip that I had a shot gun in my truck. They search my trunk w/o consent, and they found the weapon. Isn’t that a breach of my 4th Amendment Rights?

Asked on May 20, 2009 under Criminal Law, Georgia

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best advice I can give you is to contact a local criminal defense attorney and ask them to help you in this matter. Yes the police have no right to search your car without probable cause unless it is in plain sight

The argument to be made by the police is that the anonymous tip constitutes probable cause. Does it? well that is something the Court will have to decide. An argument will be made that it does and you need to be prepared to argue it doesn't which is why you should look into getting an attorney who can make an informed argument for your privacy knowing the specifics of the laws in GA


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