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[jpb3]

What is the name of your state? IL.

I know that if you are arrested while in a car there is a search incident to arrest, but:

1) Do a hatchback or stationwagon considered to have a trunk? Rather, do you need PC to search the back?

2) If I park my car and walk about 10 feet away and am then arrested can they then search my car (which is a few feet away)?

 

[hexeliebe]

Sorry, number one answer is "Plain View"...no trunk.

As to number two, this has been tried since police and autos were invented. Doesn't wash. You were stopped IN the car, where you go after the stop has no affect on the search.

That's a little like asking "If I shoot someone can the police search me for the gun if I've run away more than a mile?"

 

[jpb3]

Hey thanks for the quick response. But let me make it more complicated.

1) The back seats in my car fold down... can the COPS searh my "trunk" via folding down my back seats claiming they are searching a comparment?

2) I wasn't clear... in my hypo the COPS pull up next to me as I am walking from my car and arrest me while outside of my car. Now can they search my car?

I am guessing they can't unless they have PC to think I have stolen the car or something... does this make sense?

Thanks!

 

[hexeliebe]

I'm not going to do your homework assignment for you, nor am I going to respond to "Updated" versions of your post. I answered your first post according to what you posted.

If you want a legitimate answer without the games, post your entire situation first.

 

[jpb3]

OK you busted me.

Except the folding seats were my idea.

Ok here is the situation. A guy is suspected of robbing a bank and a description of his car is given. As the cops pull up to the car the driver is walking into a bar. THey arrest him outside the car and then search his car. THey go to the back of the car and open up the hatchback and find the cash.

Clearly a lot of issues, but I was unsure of 1) can they search his car when is was arrested outside of it? I woudl argue no because although its a seach incident to an arrest of an auto, the auto was not in his grab area and he was not in the auto. 2) Assuming they coudl search his car, I think they can search his hatchback, even from the outside, because the contents are inside the car and in his immediate grab area.

OK, so there you go. You dont have to answer if you dont want, but thak you anyway for you help.

 

[hexeliebe]

O.k. I will answer but only this once. This is a serious board for Legal advice. You need to learn that although people here will point you in the right direction, they are not about to help you do your assignments. That's what using your brain is all about.

First point is, you never stated which state this occurs in. Every state has differing statutes, expectations of privacy and differing case law to guide the officers and the courts.

However, in broad strokes, the police had "Probable Cause" based on the description of the auto to search it, regardless of whether an arrest occurred or not.

The fact that the owner was "walking into a bar" "walking out of a bar" or in the process of walking at all has no bearing on the search.

Once they had the probable cause, they are allowed to search the enitre auto.

By the way, in the real world, an arrest would not have occurred. A 'Terry Stop' would have been however, based on the above probable cause. Once the money was found, then the arrest would have taken place.

 

[HomeGuru]

I personally like the "shoot first, ask questions later" slogan.

 

[hexeliebe]

Spoken like a true Razorback

 

[jpb3]

Thanks hex for your help. Its useful to get a pros view on some of my legal studies, but I understand this ins't the fourm.

BTW... I did think my hypo of the folding rear seats was a tough exam question, no?

 

[hexeliebe]

Not really. If you get rid of the probable cause on the auto and only describe the person in the same situation then maybe.

 

[loocpoc]

Hey thanks for the quick response. But let me make it more complicated.

1) The back seats in my car fold down... can the COPS searh my "trunk" via folding down my back seats claiming they are searching a comparment?

2) I wasn't clear... in my hypo the COPS pull up next to me as I am walking from my car and arrest me while outside of my car. Now can they search my car?

I am guessing they can't unless they have PC to think I have stolen the car or something... does this make sense?

Thanks!

1. Yes. Officers have the authority to conduct an inventory of the vehicle.
2.Yes the officers can search your vehicle again for inventory purposes.

 

[jpb3]

True, but thats only when the car has been impounded.

 

[TYRIS]

True, but thats only when the car has been impounded.

- if someone is arrested for robbery and he is has a vehicle, its going to get imounded. Either way, the car is going to get searched.

Tyris

 

[jpb3]

Good point.

If the driver of the car is not the owner and is arrested for having drugs in the car, can they plead ignorance?

 

[stephenk]

depends on where the drugs were found, if any of the passengers claim the drugs, if any of the passengers concede that the driver did not know about the drugs, etc.