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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.