Q: if you have a warrant for your arrest and they police find you in your car on your property can they search the car?
I pointed my gun at someone in traffic and they called the police and told them. They had a warrant for my arrest and when they found me I was sitting in my car on my property. They didn’t have a search warrant for my car so we’re they allowed to search my car?
A: If you are lawfully arrested, the police are permitted to do a "search incident to arrest." This is an exception to the general warrant requirement for searches. If you are arrested in your car, the police may be able to search the areas surrounding you to determine if you are hiding a weapon. However, this search would be limited to the areas that are accessible to you. If the search moves to the trunk of your car, the police probably have exceeded the bounds of a lawful search. These cases are fact driven; thus, your facts may or may not support a motion to suppress.
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