Q: An officer thought something was stolen and demanded their removal can he still search?
Officer said speakers in my back seat “looked like boat speakers” and demanded I return them to an obviously abandoned boat outside in the desert across from pick-a-part. When I took them from my car he proceeded to search my car, including closed containers/my purse which obviously did not look like they came from the boat. Is this legal? He did not see me put anything into my car he just said it “looked like they were boat speakers”
A:
Whether the LEO (Law Enforcement Officer's) actions constituted a unlawful warrantless search of your vehicle and your purse, was anything incriminating found? Were criminal charges filed against you? If not, what do you hope to gain by asking a rhetorical question?
Also, you list your location as being in New York. If the warrantless search occurred there, your question should be asked in the New York section of Justia as state laws regarding search and seizure vary by state.
A: A warrantless search of a vehicle can be legal if, for example, you consented to it, or if it is related to a lawful arrest. If it was an unlawful search, and evidence of a crime was discovered, then the common remedy is that the evidence cannot be used to prosecute you. But you'll have to discuss the details of the incident with a criminal law defense lawyer for a definitive answer. Good luck.
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