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Do police officers have the right to search our car without a warrant? If so, how does this apply to our fourth amendment right?

Fresno, CA |

How would this loophole be created where they are allowed to do this even though it appears to clearly violate our fourth amendment right?

Attorney Answers 3

Posted

There are certain exceptions to the 4th Amendment created by case law -- exigency, destruction of evidence, ability to leave the scene, etc.

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Asker

Posted

Lets say that the situation was that this person A was stopped by police and they told this person A that they needed to search their car, without any reason. I am, possibly incorrectly, assuming that this officer knew that person A was uneducated of their rights and therefore out of fear knew person A would agree to this search. Also, unrelated to this previous statement, would any prior infractions or minor brushes with the law give officers the right to search our car or would that not matter?

Posted

Not a loophole, Supreme Court analysis and decision after a full review and understanding of the Founding Fathers' intent. The justices did not see it as 'clearly' violative, they found and cintinue to find certain searches reasonable.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

May you please provide a few examples of which searches are found as reasonable?

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Search incident to lawful arrest; border searches; any impounded vehicle;ANY exigent circumstances.....

Posted

Automobile exception to the warrant requirement, as established in Carroll v. United States in 1925. The police still must have probable cause (a warrant is court approval that probable cause exists) to search a vehicle. There are quite a few exceptions to the warrant requirement.

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