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Search procedures

Can an officer in the state of New Mexico search your vehicle wothout you being present?

Asked on April 16, 2009 under Criminal Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yup.  Was it driven by someone when you weren't there? Then yes.  The issue is of standing -- a non-owner doesn't have standing to deny the search.  Was there evidence of illegal items in plain view -- sufficient probable cause to search with no search warrant needed.  The only issue is one of if the person was arrested for one thing and the search incident to arrest was not needed:

http://stopthedrugwar.org/chronicle/496/arizona_supreme_court_limits_car_searches

See below, as well:

issues concerning exigent circumstances 


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