Does a Police officer have a right to a search my vehicle

Asked almost 2 years ago - Milpitas, CA

if my vehicle is parked in my inlaws parking stall an or moved is not being used and is on private parking can for any reason ask me to let them search it with out a serach warrant

Attorney answers (3)

  1. Hans Albert Gillinger

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    Contributor Level 15

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    Answered . It appears from your fact pattern that the police must obtain a warrant to conduct the search. The police can always ask for your consent to search the vehicle (or anything), and the police do not need to make a threshold evidentiary showing in order to ask for consent to search.

    You thus would also have a right - the right to decline to give your consent to the search. Good luck!

    This is not legal advice and the within response does not create an attorney client relationship between this... more
  2. Joseph Briscoe Dane

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    Contributor Level 20

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    Answered . They can ask. You can say no.

    Otherwise, they'll need a warrant or probable cause.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  3. David B Pittman

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    Contributor Level 20

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    Answered . They need probable cause or obtain a search warrant unless you agree to the search.

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