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?
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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 11 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.
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