If I refuse to roll down the window when I get pulled over, would the police officer need a warrant to get in?

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If I refuse to roll down the window when I get pulled over, would the police officer need a warrant to get in?

If a guy is about to get a DUI, prolonging the situation may be in the person’s best interest, correct? I imagine it can take some time for an officer to get a warrant from a judge (especially if it is in the middle of the night). Time may allow the person’s BAC to drop below the legal limit by the time he blows in the breathalyzer.

Asked on May 13, 2012 under Criminal Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You would be arrested and the cop does not need a warrant to search your car.  Searching your car would be a search incident to an arrest and no search warrant is needed.  Also, searching a car as part of an inventory search does not require a search warrant. 

Searching a car that the police stop does not require a search warrant because the car would be gone by the time the police obtained a search warrant and returned to the scene to search the car.

Not all searches require a search warrant.


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