Sacramento, CA asked in DUI / DWI for California

Q: Can the cops search your vehicle if you are stopped for DUI?

Related Topics:
2 Lawyer Answers
Omid Rejali
Omid Rejali
Answered
  • Criminal Law Lawyer
  • San Diego, CA
  • Licensed in California

A: Generally yes. I say generally because the search needs to be incident to a lawful arrest. So assuming the arrest was lawful to begin with they would be able to search the inside of your car. However, they would not be able to search the trunk of your vehicle, unless they have probably cause to believe there is contraband there. It all depends on the facts of each case. Consulting with an experienced DUI attorney would help getting a better answer to your question. Hope this helps.

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: need more info

if they are going to arrest you and store your vehicle they inspect to note what was in it so you do not later say they took something etc.

however there may be a question whether they can search the trunk

hire a good DUI lawyer in your area to review your case

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.