Van Nuys, CA asked in Civil Rights for California

Q: Are the police allowed to search a vehicle after they let you leave?

I got pulled over for exp. registration, I told the police that my license was suspended (but being reinstated in @ a month). They decided to impound the vehicle, issued me a citation, told me they only needed to search the vehicle if I was going to take anything out of it (which I responded with 'since I was homeless and living in the vehicle, I wouldn't have anywhere to put any of the belongings that l removed), and then told me I was free to go & I left. I showed up at court on the date set on the citation but was not on calander, and got my ticket stamped to prove I showed up. It was brought to my attention later that online I was said to have been arrested and charged with poss. of a controlled substance on that day. When I called the PD that pulled me over they said it only shows I was cited for suspended license (but nothing @ the registration), then later called me back to say that the actual report says that meth was found when the officer search my car.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In general, the police can search a vehicle if it is being impounded. When a vehicle is impounded, police often conduct an inventory search to catalog the items inside the vehicle. This is intended to protect the owner’s property and shield the police from claims of lost or stolen items.

However, the circumstances surrounding the search must still comply with legal standards. If the officers told you that they would only search the vehicle if you removed items and then proceeded to search it after you left, there could be an issue with how they conducted the search.

You should consult with an attorney to discuss the specifics of your case. They can review whether the search was lawful and how it might impact any charges against you. Your stamped court appearance is also important to mention, as it could be relevant to your defense and any discrepancies in the police report.

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