Is it legal for a police officer to search a carif the driver is a minor and the car isn’t under their name?
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Is it legal for a police officer to search a carif the driver is a minor and the car isn’t under their name?
I’m just wondering if it is legal because the cop search the car and found out I had drugs on me.
Asked on September 21, 2010 under Criminal Law, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If the police officer had probable cause ( a reasonable suspicion of criminal activity), the car could be searched. No warrant is required for the search of a vehicle because by the time the police obtained a warrant and returned, the car would likely be gone along with any contraband. The fact that the driver is a minor and that the car is not under the minor's name would not prevent the police from searching the car. Probable cause would determine whether or not the search was justified.
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