Seattle, WA asked in Civil Rights, Constitutional Law and Criminal Law for Alaska

Q: In Alaska can the police search and impound our vehicle without permission/warrant cuz a passenger is on probation?

Also can a cop remove your purse after telling us to exit the vehicle and set it back in the vehicle before the search?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Alaska, as in other states, the legality of a vehicle search by the police can depend on various factors, including the specific terms of a passenger’s probation. If a passenger is on probation, and if their probation terms include consent to searches, the police may have the authority to search a vehicle they are in without a separate warrant. However, the scope of the search must be related to the objectives of the probation conditions. Regarding the impoundment of a vehicle, the police need probable cause to believe the vehicle contains evidence of a crime or is itself evidence of a crime.

As for your purse, if it was removed from your person and then placed back in the vehicle, this could raise issues regarding the legality of the search, especially if the purse was not within the immediate control area of the passenger on probation. Each situation is unique, and the specifics of the search and seizure must align with legal standards. If you believe your rights were violated in such a search, it’s advisable to consult with a lawyer experienced in criminal law and civil rights. They can provide specific guidance based on the details of the incident.

2 users found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.