Do the police have to have search warrant in order to search a parked car without consent?

Asked on February 25, 2015 under Criminal Law, Nevada


Nicholas Wooldridge / LV Criminal Defense

Answered 5 years ago | Contributor

If the car has been stopped for a traffic violation, they would not need a search warrant to allow the car to be searched IF they have probable cause to suspect to think it is holding evidence or some sort of contraband. 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The police don't need a search warrant to search a car because by the time they obtain a search warrant, the car could be driven away and any contraband in the car could be removed or destroyed.  Automobile searches are one type of search where no search warrant is required.  The search is lawful without your consent. Evidence resulting from the automobile search can be used against you.

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