Dixon, IL asked in Criminal Law and Constitutional Law for Illinois

Q: 2 people own a car in Illinois and are stopped by police.They ask to search the car. One owner says yes the other no

Can they search the car..they were stopped for not making a complete stop for a right turn on red

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Illinois, if two people own a car and are stopped by the police, the consent to search the vehicle can be a complex issue. Generally, if one owner consents to the search and the other does not, the law typically allows the police to proceed with the search based on the consent of the one owner. This is because each co-owner has full authority over the property, in this case, the car, and can consent to a search without the other owner's approval.

However, the situation might be evaluated differently based on specific circumstances and the presence of both owners during the police stop. If there's a clear objection from one owner who is present, some courts might view this as overriding the consent given by the other owner. The laws and interpretations can vary, and the specifics of each case can influence the outcome.

It's important to understand your rights and the local laws regarding searches and consent. If you find yourself in a situation like this, remaining calm and respectful while expressing your rights is crucial. Consider consulting with a legal professional for advice and clarification on these matters to ensure your rights are protected.

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