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Vehicle search after a warrantless arrest

Austin, TX |

What is the law pertaining to what an officer can, and cannot, search in your vehicle without a search warrant if you are arrested for DWI? No consent given to search the vehicle.

What would the cops need to request a search warrant?

Attorney Answers 4

Posted

It is super complicated and very fact specific. Only an attorney that is familiar with the specific facts of your case could even begin to give you an answer.

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Posted

Yes. Uou need to findadeath a lawyer and outline all of your issues to get a concise abswer

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Posted

If the police are impounding the vehicle (as they often do subsequent to an arrest), they are required to do an inventory search of the entire vehicle. They do not need a warrant in this situation.

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Posted

Most agencies have set policies regarding inventoring the contents of a car they are impounding. Any evidence of criminal activity they find during the inventory may be used against you. It gets very fact-specific after that.

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2 comments

Asker

Posted

Would this include a locked tool box in the bed of a pick-up truck, nothing found and no evidence of anything illegal in the cabin of the vehicle

James L Heard III

James L Heard III

Posted

Probably. The agency is going to say that their policy covers everything in the vehicle. Otherwise how are they going to prove they didn't take the $10,000.00 you had in your toolbox unless they've looked in there and documented there was no money in it.

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