San Jose, CA asked in Criminal Law for California

Q: If I'm pulled over for wreckless driving and I'm taken to jail may a officer search my vehicle?

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2 Lawyer Answers
John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Yes. Whether under the guise of for the officer's protection to check if there are any weapons in the vehicle or to conduct an inventory in the passenger compartment but not the trunck which would require a search warrant.

Joseph Abrams
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Answered
  • Criminal Law Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Yes. First, when someone is stopped for a suspected crime, the officer can conduct what's known as a "search incident to arrest." This is allowed for safety reasons and is limited in it's scope. If the suspect is then arrested and the vehicle impounded, the police can conduct an inventory search of the vehicle to record all its contents.

- Law Office of Joseph Abrams, Anaheim, CA

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