3 ms·
They don't need probable cause to search his vehicle if he had a warrant. They can search his car because they are arresting him and towing the vehicle
by mixdup 2mo ago
They don't need probable cause to search his vehicle if he had a warrant. They can search his car because they are arresting him and towing the vehicle
- cogman10 2mo ago> They don't need probable cause to search his vehicle if he had a warrant. Incorrect. Warrants have to be specific. An arrest warrant is not a general search warrant (in fact, general search warrants aren't legal). You don't lose your rights because a cop is arresting you. Now, what can happen (and probably would happen) is the cops can take a drug sniffing dog to the car when it goes to impound and while the owner isn't there and claim "Oh, the dog signaled on the car so we searched it".
- jimt1234 2mo agoCops have used the "odor of marijuana" for years as probable cause to search vehicles. AFAIK the courts have generally supported it.
- cogman10 2mo agoIt depends on the federal district you are in. It also can depend on the state you are currently in. For example, in the 3rd district in New Jersey the odor is not enough because MJ is legal in NJ. Looks like for this specific case odor is enough. [1] [1] https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=0&Issue=0&ArticleID=29890 https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Ar...
- c22 2mo agoIt's called an "Inventory Search": https://www.fletc.gov/sites/default/files/imported_files/training/programs/legal-division/downloads-articles-and-faqs/research-by-subject/4th-amendment/searchingavehicle-inventory.pdf https://www.fletc.gov/sites/default/files/imported_files/tra...
- cogman10 2mo agoAlright, thanks. I was unaware of this exception.