Q: If a person is pulled over because of a dim light over the license plate, can they be searched without consent?
If a person is pulled over because of a dim light over the license plate, and then it is discovered that the person has no driver's license, does this automatically give law enforcement grounds to search the car? The owner of the car was only a few blocks away, was called, and it was agreed that law enforcement would allow owner to pick up car without it being towed.
A: The vehicle can be searched if the driver gave consent. However, if officers arrested the driver then consent to search is not required. A person can be arrested for driving without a license.
A: If the driver had a license, the officer could not have searched the vehicle unless he had consent or developed probable cause to believe an offense had been committed (for example, he could search if he smelled the odor of marijuana). If a person is arrested, then the police have a right to search a person incident to arrest. If a person is arrested and the person's vehicle has to be impounded, the police would also have the right to do an inventory search of the vehicle.
Kiele Linroth Pace agrees with this answer
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