Does admitting that I had a few drinks give police probable cause to search my vehicle?

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Does admitting that I had a few drinks give police probable cause to search my vehicle?

If so, what parts of the car can they search?Also, the police searched my car without telling me they were going to or without asking me. They didn’t even tell me what they were arresting me for. Should I speak with a criminal law attorney? In Riley County, KS.

Asked on October 5, 2010 under Criminal Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would speak with a criminal defense attorney in your area.  "Probable case" is defined reasonable grounds to believe that a person or a persons car here should be searched and there exists a reasonable belief that a crime has been, is being or will be comitted.  Probable cause can exist when a police officer sees something "in plain sight" like an empty bottle of alcohol on the seat of a car.  Or it can exist when the actions of people within the car draw suspicion to themselves, like in trying to conceal somehting from the police as they approach.  Your circumstances do not necessarily fit in to these examples so you need to tell the facts to someone who can draw their conclusions therefrom. Good luck 


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