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.
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.
Get free answers from experienced attorneys.
25,069 answers this week
2,661 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary