Whittier, CA asked in Criminal Law for California

Q: Can an officer search your vehicle if you’re parked in a parking lot with expired tags

If your car breaks down in a gas station parking lot and you have a tow truck on the way but you have expired tags can an officer tell your vehicle even though the car cannot run just because of expired tags and then search your vehicle also can he perform a drug test strictly because you’re sitting there

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1 Lawyer Answer
James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: More information is needed, but the inquiry will be whether there was a basis to search the vehicle. The police will likely say that they impounded the vehicle due to the expired tags and conducted an inventory search. There are at least 4 separate issues to consider- the basis for the stop, whether you were subjected to a prolonged detention, whether there was a basis to impound the vehicle, and whether the "inventory search" was actually an "investigatory search." There is more that can be said, and that could be tailored to your specific situation. Speak with a local criminal law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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