Can the police legally search my car if I say no?

Question

I went to give a gift to my daughter after my ex said it was ok. I got there and she said no too late I tried pleading with her and she stuck to no when out corner my eye I see police.  She said I had a gun there to kill her. I was sitting on the floor and just hung presents from door knob. They asked my name and I told them asked what I was doing and I said me and my ex were arguing. So I came outside and they asked if they could search my car. I said no, if I was under arrest.  They didn’t answer and just attacked me. So I gave up and they got my 38 out my pants then asked to search car. I said no at first and said I would tow so I said ok.  But in the black backpack that was mine they found 1.7 meth, a 740 dollars scale, a pipe, and money I just withdrew. I have check stubs from work to prove this.   Was this an illegal search?

Mark Cogan · Answer

Your question is too complicated to analyze without more information. Get the best attorney you can find. You are in serious trouble. The answers to your questions will not be found on the Internet. Worse, anything you post can be read by the prosecutors and the police.

Jules N. Fiani · Answer

You consented.

Jared Altman · Answer

You may have a chance on this one.

Roianne Houlton Conner · Answer

It sounds like the search will illegal.

Craig Elhart · Answer

A review of the complete police report would have to be made to determine if it was an illegal search.

Jeffery Cojocar · Answer

Depends on your judge but I think the search would be upheld under an exigent circumstance argument.

Stephen Freeborn · Answer

Reading your statement of the facts, you indicate that you told them it was OK to search because they threatened to have your vehicle towed.  The threat to tow your vehicle was appropriate in that if they suspect you might be concealing something, ie. gun ir other dangerous weapon, they could impound until they obtain a warrant to search.  Fearing the tow, apparently you gave consent, so the search was not illegal.  The fact that they found a 38 in your pants during a search of your person, didn't help your cause.

Ernest Biando · Answer

Depends-the police have the right to pat you down for such things as a gun or knife-however motions can be made to surpess such evidence-retain an attorney my office has defended numerous clients in the same sitution.

Jacob P. Sartz · Answer

You'd need to consult with an attorney regarding this issue on private basis.  Whether a search was legal is always in issue in a pending criminal charge and  is the type of issue you'd need to discuss with your retained or court-appointed  council. If the search was arguably not legal, it may be grounds to file a  motion to suppress the evidence; however, this particular issue is always  factually specific. I'd recommend you consult with your attorney on this matter. If you don't have  an attorney, if you charged with a criminal offense, the court may appoint you one at the public's expense.

Michael Garber · Answer

If you were already under arrest and did not consent to the search I think it was illegal.

Leonard Harden · Answer

Search and seizure law is entirely fact dependent.  The search you described may be illegal, but without all of the facts I can not render a thorough opinion.  You are looking at some very serious charges and I would absolutely recommend that you get a lawyer ASAP.  If you can't afford one, get the court to appoint you one immediately.  If you can afford an attorney find the best in your locality.    Good luck.

Michael Palumbo · Answer

The police were given information that you were armed. It sounds to me like the search of you and your car was legal, and the search of your vehicle was not a "search" so much as a legal inventory prior to towing it. However, whether the search of your person and your car was legitimate turns on technical applications of the 4th amendment and the exclusionary rule. Our office does a lot of criminal defense and automobile crimes so we have the experience to defend just this type of case.

Steven D. Dunnings · Answer

I would need to see the police report to see their reason for "attacking" you. After they found the gun on your person, I assume you were under arrest at that point. The search of the car is questionable but not clear.

Michael J. Breczinski · Answer

The search of the car could be considered illegal because they had no probable cause. But where was the car parked? If on the ex's property and she wanted it gone then they could have found the stuff if the car was inventoried. The gun that was on you they could have found legally. I assume you had no license to carry it.

Jason Savela · Answer

possibly legal, possibly not - i would need more facts  if the police have reasonable suspicion that you are armed and dangerous, then they can pat you down for weapons  if they have probable cause that a car contains evidence of a crime, they can search it  I am guessing there was a restraining order preventing you from being at the house or contacting someone inside???  if so, then you are hosed.  if not, then maybe you have a case.  But, if she tricked you by inviting you over then called the cops lying saying you were threatening her, then you are going to get searched.  Once they find the gun, you have a problem.  But the car search may not be legal.

Geoffrey MacLaren Yaryan · Answer

You did consent but the question is was it done freely and voluntarily   considering the threat to impound your car. That is a factual question and   would be answered by a judge at a motion to suppress the evidence seize   illegally.

Robert English · Answer

You said you said no "at first" but then said ok. This would then be a consensual search. Also, it is likely they could arrest you for the 38 in your pants and then impound and search your vehicle anyway.

Thomas Tomko · Answer

Thank you for your inquiry  The search was likely legal for a number of reasons.    You appear to be facing a number of serious charges.  I suggest that you hire an attorney to review your case and explain why the search may be legal under the circumstances you describe.  The search seems to be the least of your worries, while the felony firearm charge seems to be at the forefront.    I hope that this was helpful.

Michael Nack · Answer

It doesn't sound like an illegal search to me, but if you hire an attorney   to defend you on the possession charge(s) your attorney could file a Motion  to  Suppress and see if a Judge thinks it is.

Jeff Yeh · Answer

You didn't say no. You folded after they threatened to tow your car (in other words, you consented)

Jonathan Willett · Answer

Hello-  With  what's called "exigent circumstances," police can search a car.  However, the search must be limited in scope to its purpose.  So if they had you under arrest, the search of the car had to be limited.  Based upon what you described, they may have discovered the backpack anyway under the "inevitable discovery" rule.  However, there is decent case law, that probable cause to search of vehicle does not always mean they can search a backpack in the car.  Best to have this analyzed when you can view their reports to see what the basis of the search was.

Terry Nelson · Answer

Can they search you and your car?  Yes, with cause.   Was it illegal?  Not if they had cause.    You were accused by the wife of having a weapon [which they found on you]. That certainly gives them cause to search you for their safety, and also the car for other weapons.  Contraband found during a legal search is fair game.    Of course you can fight the charges.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do?   Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial.  Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against an experienced prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.

Edward Blum · Answer

It sounds borderline.  Is there a restraining order?    On the one hand, if they asked for consent and you did not give it, they have to come up with a reason for the search.  If you were not in the vicinity of the car, there would not have been grounds to search it pursuant to Gant.  On the other hand, if they searched you pursuant to a Terry search and found a gun, and your wife's statements about threatening her were credible (not saying true) that may have given them probable cause to search the car. Although, if the crime were threats and they had the gun I don't see what evidence of the crime they would have hoped to find in the car.  I would run the PC 1538.5. Call me, I can help you with this.

Eric Sterkenburg · Answer

When your ex stated you had a gun the police can do a pat down search to see if you are carrying a weapon. If they find one they then can search your car without your permission as an inventory search, a search incident to arrest, or a probable cause search. The answer here is that the search was legal.

Jason Overton · Answer

If I understand you correctly, you told them "ok" after they said they would tow your car.  You need to hire a lawyer.

Gregory Casale · Answer

Your facts are a little unclear. I would need better details. The police need either a warrant, your permission, or articulable facts that they can explain that would lead a person to believe that a crime was taking place. So, your wide saying that you had a gun could be enough, maybe not. It would depend on the context and history etc. It sounds like you told them that they could search your car? If you gave them permission, then anything that they find can be used in court. Without your permission, it comes down to the fear of harm or belief that a crime is taking place. You obviously need an attorney on these charges. Hire a good defense attorney and let him advise you.

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Can the police legally search my car if I say no?

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