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Old 08-17-2013, 07:12 PM   #41
Ride far...
Joined: Nov 2012
Location: Florida Panhandle
Oddometer: 614
Originally Posted by Retro View Post
They will search your vehicle if they arrest you.

They can only search your vehicle with your consent prior to that or with a warrant.

They MAY search your vehicle anyway, but as long as you do not give consent, and better yet tell them that you do not consent to a search, if they find anything you shouldn't have your lawyer will file a motion to dismiss on Fourth Amendment grounds.
I suppose it depends on your jurisdiction, but in Florida for instance, a warrant is not required. If the police develop probable cause, they can search.
Probable cause can come from seeing contraband in the vehicle, smelling the odor of narcotics, a K9 alert, finding dope on one of the occupants, etc.

They can no longer search the vehicle based on your arrest alone, AZ v Gant changed that.
sarhog is offline   Reply With Quote