can a cop search a car in a traffic violation?

Get Legal Help Today

 Secured with SHA-256 Encryption

can a cop search a car in a traffic violation?

Asked on July 5, 2009 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Without any details surrounding the search it's hard to anaylyze your specific situation.  However, according to the Supreme Court, warrantless searches of a vehicle are permitted by police only if the car’s passenger compartment is within reach of the suspect or there is probable cause to believe evidence will be found of the crime that led to the arrest.

If you could re-submit your question and give some facts.  For example, what where you stopped for, where did the police search, for how long, was there any contraband within plain sight, and generally anything else that you can think of.

Thank you.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

That depends on quite a few things.  If a police officer gets some additional information while doing a routine traffic stop (such as smelling marijuana smoke), that can provide probable cause for a search.

This area of the law is changeable and differs from one state to another, and the outcome of a case is very dependent on the specific facts.  For reliable advice, you should talk to a lawyer in your area, if this search led to anything beyond the traffic ticket.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption