Automobile Search

[owens1278]

Pennsylvania

My friend's car was parked in a private parking lot (of some small professional buildings) and they were in the park nearby with some kids that were drinking. The police chased them but he was able to get away. When he got back to his car the police had searched it, found nothing, but hadn't even talked to him. Is this legal as there was no true probable cause and there was no exigent circumstance that he could get away (the police were parked behind him. Any help would be greatly appreciated.

 

[krispenstpeter]

Ever hear of flight to avoid arrest? Geeez, where do you people spawn from?

 

[owens1278]

So flight to avoid arrest means that a search is legal, despite the fact that the driver was doing nothing illegal to begin with and the fact that they had no proof that he was present in the park?

 

[HomeGuru]

The search was legal.

 

[owens1278]

What if the car were to belong to someone who was working in the office, the police had no evidence that the car had anything to do with the whole situation...

 

[HomeGuru]

What if the car were to belong to someone who was working in the office, the police had no evidence that the car had anything to do with the whole situation...

**A: I am not playing "what if's" with you. There is more to this story and I know we are only hearing a one-sided biased version. I wonder what the cop's version is.

 

[krispenstpeter]

And 'what if' your friend is an idiot who is stupid enough to run from a police office with a loaded gun?

You sure know how to pick them.

 

[owens1278]

He got in no trouble, as there was nothing in the car. I'm just saying that I don't see how it would be legal for the police to search cars that aren't necessarily connected to a crime. I'd appreciate it if you answered the question instead of deciding to attack my credibility or you could simply remain silent. Ask me what else would be to the story as that is essentially it.

 

[krispenstpeter]

Sure it is. Then where is your "FRIEND"? We don't answer What-If questions and we don't do "Friend" crap.

If you care that much about this, then go to law school.

 

[owens1278]

So your asserting that if there were 15 cars in the lot and 1 kid was in the forest then the police have a right to search all the cars. And it was my friend's car so don't try to use ad hominem remarks to skew the legitimacy of my question. And what exactly do you mean by "where is my friend"?

 

[HomeGuru]

So your asserting that if there were 15 cars in the lot and 1 kid was in the forest then the police have a right to search all the cars. And it was my friend's car so don't try to use ad hominem remarks to skew the legitimacy of my question. And what exactly do you mean by "where is my friend"?

**A: more "what if" crap.

 

[owens1278]

I'm askign a question that you may or may not know the answer to. Either provide some insight or don't waste your time.

 

[calatty]

No, the search was not legal because it did not fall within any exception to the requirement that police must get a warrant. Police may conduct a search of an automobile without a warrant under the automobile exception to the warrant requirement if they have probable cause to believe there is contraband in the car. From what you say, there was no probable cause. They may search a car incident to an arrest if the person was an occupant of the car or right next to it when arrested. From what you say, he wasn't in or by the car and he wasn't arrested. If they have good cause to tow the car, like if they are arresting the driver, they may conduct an inventory search of the car. That did not apply. That a person fled from the police, or did something suspicious outside the car does not give the police probable cause to search his car without a warrant. All warrantless searches must be justified under a specific exception to the warrant requirement.

 

[owens1278]

Thank you very much.

 

[reeBrelliM]

calatty - Thank you for your input!! Y'know, that is how this forum was intended to be used. It's really too bad that so many of these folks who frequent this board, and who are also often times the first responders on a post, ...for whatever reasons, almost always reply with some smart assed, sarcastic, lame, total BS response.

What's even worse is that it ususally seems like it's being done for the sole purpose as to entertain the rest of the post whores who might be reading it.

Then it becomes like some kind of contest or something, ...a of contest of who can ridicule, slam, defame, and degrade a person the best, ...kicking people when they are already down on their luck. These people know who they are, and you damn well should be ashamed of yourselves for conducting in that kind of manner. For the love of God people, act your age, NOT your shoe size.

It's too easy to kick a man when he's down, or ridicule someone, cutting them down with efforts just to make yourself look bigger or better. Grow up!

reeBrelliM