Is being involved in a traffic accident give an officer probable cause to search a vehicle for drugs if no other indicators are

Asked over 5 years ago - Lincoln, NE

If a person is involved in and auto accident, does that give an officer probable cause to search a vehicle for drugs? No permission was given for the search and no tests for sobriety were performed. There was no smell or other evidence to lead the officer to believe there might be something to search for.

Attorney answers (2)

  1. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get an attorney to challenge the search.

    Warrantless searches “are per se unreasonable,” Arizona v. Gant ___ U.S. ____ 2009 and police may search the passenger compartment of a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the "arrestee might access the vehicle at the time of the search" or that the vehicle "contains evidence of the offense of arrest".

    Good luck. I strongly urge you to consult with an experienced defense attorney in your area, as you may have a defense to the vehicle search.

  2. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I suggest you direct your questions to criminal defense attorneys here on Avvo.com, as this is a criminal search and seizure issue.

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