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  1. #1
    Join Date
    Oct 2012
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    101

    Default Can Police Search My Vehicle

    My question involves police conduct in the State of: Washington

    I was in a driveway of family members. I was arrested for reasons that had no relation to driving. After my arrest, do the police have the right to go through my vehicle and search it?

    When arrested, I was standing at my drivers door, which was open. I was standing between the drivers door and the drivers seat. They did not casually look in my vehicle, they sat in it and went through the consoles and glove box.

    If there are additional qualifiers, I can answer, but let me know if this is legal for them to do or if it violates my 4th amendment since I did not consent.

  2. #2
    Join Date
    Jul 2018
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    2,745

    Default Re: Can Police Search My Vehicle

    Quote Quoting spokanedriver
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    I was in a driveway of family members. I was arrested for reasons that had no relation to driving.
    What were you arrested for? Why were you arrested "in a driveway of family members" as opposed to somewhere else (e.g., at the scene of the alleged crime or in your home)? Were you arrested pursuant to a warrant? If so, did the arrest warrant also include authorization to search your vehicle?


    Quote Quoting spokanedriver
    View Post
    After my arrest, do the police have the right to go through my vehicle and search it?

    When arrested, I was standing at my drivers door, which was open. I was standing between the drivers door and the drivers seat. They did not casually look in my vehicle, they sat in it and went through the consoles and glove box.
    The legality of the search will depend on the answers to the question I asked, but it was very likely a valid search incident to lawful arrest. Also, you didn't indicate what, if anything, was found as the result of the search.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Can Police Search My Vehicle

    Maybe it did, maybe it didn't.

    Hire yourself a criminal defense attorney and don't talk to anybody but him.

    You probably said more than you should have at the scene.

  4. #4
    Join Date
    Oct 2012
    Posts
    101

    Default Re: Can Police Search My Vehicle

    I was arrested for interfering in a police investigation. In short, i was told to move my vehicle and when i asked where they'd like me to move it, they arrested me.

    Nothing was said to them beyond that. Nothing was found in my vehicle, but they did not ask mt permission to search

  5. #5
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Can Police Search My Vehicle

    It sounds like you were arrested for speaking to the cops in the wrong tone of voice.

  6. #6
    Join Date
    Oct 2012
    Posts
    101

    Default Re: Can Police Search My Vehicle

    Yes, but that's not according to the arrest. Released the next day for lack of evidence

  7. #7
    Join Date
    Jul 2018
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    2,745

    Default Re: Can Police Search My Vehicle

    Your follow up post all but confirms a search incident to lawful arrest (or, possibly, an inventory search, if the car was impounded). More importantly, since nothing was found, any possible 4th Amendment violation is a non-issue.

  8. #8
    Join Date
    Feb 2020
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    750

    Default Re: Can Police Search My Vehicle

    Quote Quoting pg1067
    View Post
    What were you arrested for? Why were you arrested "in a driveway of family members" as opposed to somewhere else (e.g., at the scene of the alleged crime or in your home)? Were you arrested pursuant to a warrant? If so, did the arrest warrant also include authorization to search your vehicle?

    The legality of the search will depend on the answers to the question I asked, but it was very likely a valid search incident to lawful arrest. Also, you didn't indicate what, if anything, was found as the result of the search.
    Why?

    Quote Quoting pg1067
    View Post
    Your follow up post all but confirms a search incident to lawful arrest (or, possibly, an inventory search, if the car was impounded). More importantly, since nothing was found, any possible 4th Amendment violation is a non-issue.
    How about you explain anything you said? Bet you won't and can't.

  9. #9
    Join Date
    Oct 2012
    Posts
    101

    Default Re: Can Police Search My Vehicle

    What would make it a valid search of my vehicle if my vehicle was not involved at all? I was parked in the driveway before entering through the gates of where I was going. But still off the road. I stopped before entering the gates because an officer was in the way before entering through the gates. Because their reason for arresting me had nothing to do with my vehicle, what allowed them to search my vehicle?

    Because my vehicle was already in the drive, the officers gave my vehicle keys to my family who lived there and they just drove it and parked it next to their house.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Police Search My Vehicle

    Quote Quoting spokanedriver
    View Post
    My question involves police conduct in the State of: Washington

    I was in a driveway of family members. I was arrested for reasons that had no relation to driving. After my arrest, do the police have the right to go through my vehicle and search it?
    Maybe. Maybe not. It depends on the reason for the arrest and the reason for the search. There are a number of theories that MIGHT justify a search of the vehicle given the right circumstances. And, if the vehicle were not towed, it is likely that those searches would have to be limited in scope or based upon consent. A search incident to arrest needs to be very limited, and related to the arrest or to very articulable facts that support the search.

    Since you do not indicate that any evidence was located, there's not much you can do unless you want to spend a lot of money to try and sue the department when you lack any real damages. You can always make a complaint to the agency. It's likely that the search may have been overreach. But, there could have been other factors. You say they went through the consoles and glove box. If they had good cause to believe there was a weapon or contraband in those places, or you refused to provide identification, they MIGHT have been justified in searching for those items in the car. Again, without all the facts, it's hard to say whether they had good cause or not.

    What do you intend to do about it? Your options really are limited.

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