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Posted: 2/25/2006 10:07:01 PM EDT
A car just got pulled over in front of my house. They did a sobriety test which my wife tells me the chick failed miserably. Does that give the police probable cause to search her vehicle? I'm not condemning it or condoing it, just wondering. I took pics, but across 8 lanes of traffic, the pics aren't turning out very well.
Link Posted: 2/25/2006 10:08:54 PM EDT
I'm sure they're arresting her, so seeing that her vehicle will be towed and impounded of course it'll have to be inventoried.
Link Posted: 2/25/2006 10:10:35 PM EDT
Yes. Search incidental to arrest. They can search anyplace in the car she could reasonably reach from her seat. Followed by an inventory of the car if it gets towed, to document what was inside so she can't say they took or the tow company took the 15 gold bricks in the back seat.
Link Posted: 2/25/2006 10:10:40 PM EDT
Go out and ask the cop if they can do it, just remember to draw down first
Link Posted: 2/25/2006 10:11:50 PM EDT
Search incident to arrest, consent, frisk of the vehicle, etc
Link Posted: 2/26/2006 6:38:28 AM EDT
It is an exigent search. It is to preserve evidence and for the safety of the officers.

Link Posted: 2/26/2006 6:42:41 AM EDT
[Last Edit: 2/26/2006 6:43:15 AM EDT by raven]
At least she didn't resist. My brother got busted for a DUI and the idiot resisted. Glasses broken, bloody tissues all around his apartment awhen I visited him after he got out of jail, lol
Link Posted: 2/26/2006 6:46:40 AM EDT
Conducting an inventory before the vehicle is towed.
Link Posted: 2/26/2006 6:49:58 AM EDT
Link Posted: 2/26/2006 6:50:41 AM EDT

Originally Posted By Mauser101:
I'm sure they're arresting her, so seeing that her vehicle will be towed and impounded of course it'll have to be inventoried.



That's it.
Link Posted: 2/26/2006 7:05:12 AM EDT
So if they find contraband. Can further charges be pressed against the driver? If so why? If the car is just being inventoried wouldn't it be the same as a warantless search? No warant and no permision? Do courts allow evidence obtained in such fashon to be evidence presentable in court?
Link Posted: 2/26/2006 7:07:01 AM EDT
[Last Edit: 2/26/2006 7:07:22 AM EDT by BigBore45]

Originally Posted By jnewson:
A car just got pulled over in front of my house. They did a sobriety test which my wife tells me the chick failed miserably. Does that give the police probable cause to search her vehicle? I'm not condemning it or condoing it, just wondering. I took pics, but across 8 lanes of traffic, the pics aren't turning out very well.



8 lanes of taffic? Do you let your kids cross the street to play at the nieghbors?
Link Posted: 2/26/2006 7:10:04 AM EDT

Originally Posted By BigBore45:
So if they find contraband. Can further charges be pressed against the driver? If so why? If the car is just being inventoried wouldn't it be the same as a warantless search? No warant and no permision? Do courts allow evidence obtained in such fashon to be evidence presentable in court?



Yep.
Link Posted: 2/26/2006 7:10:36 AM EDT

Originally Posted By raven:
At least she didn't resist. My brother got busted for a DUI and the idiot resisted. Glasses broken, bloody tissues all around his apartment awhen I visited him after he got out of jail, lol



Why did your brother resist?
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