Is it true that if I have anything in my car thathas a lock on it, a warrant issued by a judge is required for the police to search said property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it true that if I have anything in my car thathas a lock on it, a warrant issued by a judge is required for the police to search said property?

If I have a locked box containing something illegal and the police search it with out a warrant being present at the time of the search, “being present so I can read it and understand what they are allowed to seach and what the are allowed to seize” is it admissible as evidence in court?

Asked on June 19, 2012 under Criminal Law, Florida

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

This all depends on whether or not this was considered a "search incident to an arrest". The police typically have no right to just search your vehicle, but if you are stopped by the police (and the police have probable cause to make the stop), and in the process of the stop the police believe that criminal activity is afoot, then they have the right to search the vehicle without a warrant. Lockboxes and areas of the vehicle that are not easily accessible may require a warrant, but this is a issue you would want to have a criminal defense attorney represent you on to argue this matter before the court.


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 lock Secured with SHA-256 Encryption