Tampa, FL asked in Criminal Law for Florida

Q: Can an error by DMV on the registration allow police to do a search of a vehicle because of a smell in car

Related Topics:
1 Lawyer Answer
Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: There are two issues that need to be satisfied to searching a car; 1. probable cause for the traffic stop, and 2. Probable cause to search the car. If either element has not been satisfied, then the search can be suppressed. Generally, Florida case law allows for the search of a car without a warrant on smell, but does not allow for search of a home without a warrant on smell.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.