Asked in Criminal Law for Illinois

Q: Say you get pulled over and your driving someone else’s vehicle do the police have the right to search said vehicle?

Like if your using their vehicle and you get pulled over don’t they need the registered owners permission to search the vehicle or at least impound the vehicle to be able to search it since it’s not your vehicle to give consent to allow them to search it

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Criminal Law Lawyer
  • Wheeling, IL
  • Licensed in Illinois

A: Yes.

Any motorist operating any vehicle may trigger a completely lawful traffic stop warrantless search if the traffic stop, the motorist’s conduct or statements, visible evidence of the contraband creates an articulable reasonable suspicion to conduct an investigation based on the discovered evidence.

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Audriana T. Anderson
PREMIUM
Audriana T. Anderson
Answered
  • Criminal Law Lawyer
  • Wheaton, IL
  • Licensed in Illinois

A: It does not matter if the car you are driving does not belong to you -- if you are driving the car and there is a valid basis for the officer to search the car, the officer is permitted to search the car even if you do not own the car. Reasons that the officer may be legally permitted to search the vehicle include: the smell of fresh, burning, or burnt cannabis or the officer observes something illegal inside the vehicle in plain view -- such as a gun or baggie of drugs. This is a very fact specific situation, so you need to have an attorney experienced in search & seizure law represent you and review the facts of your particular situation and case.

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