Porterville, CA asked in Criminal Law for California

Q: Does an officer have probable cause to search a parked locked vechicle that doesn't belong to the sbjct arrest in yd

If arrested in yard of a home

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1 Lawyer Answer
David Stephen Kestenbaum
David Stephen Kestenbaum
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: First of all, if the subject doesn't own the vehicle then they have no "Standing" to challenge the search of the parked vehicle. Second, if the subject had been in the vehicle, they may have probable cause to search it. What was found as a result of the search? It doesn't matter who owns the car, if the cops saw the "subject" in or around the car, they can conduct a search after his detention.

If something illegal was found in the car, are they charging the "subject" with that crime? Or the owner? The owner of the car has standing to challenge the search. If nothing was found, then there is nothing to worry about!

The "subject's" attorney, who will have the police reports that will include the reasons the cops searched the car and is the only one who can give an accurate answer.

Good luck to the person arrested!

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