• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

probable cause to search a vehicle

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aramis2178

Junior Member
What is the name of your state? Indiana

On 11/26/05 Iwas stopped by the Lake County Police. The officer said he pulled me over because I was all over the road (dodging potholes). Ater the officer runs my drivers license and sees I'm clear he asked me to step out of the vehicle. He then proceeded to search me. He then advised me he was going to search my vehicle. I advised the officer that he needed my permission first. He responded that he had probable cause because of a prior gun no permitt charge I got in November of 1996. This would have been Ok if I was a violent offender from my understanding of common law. After the search turn up nothing I was then given a breathe alyzer test (which I passed). When I get stopped by other law enforcement agencies they would always ask. I have never refused a seardh before. Everytime I get stopped by the county police they search my vehicle without permission. Do they have the right? What can I do to protect myself besides getting a concealed weapons permitt?
 


Two Bit

Member
I can't imagine that a prior conviction like that by itself would still provide probable cause for a search. I could see it constituting resonable suspicion that you were armed, which would authorize a Terry type search of your vehilce, but I'd be hesitant to go even that far.

If you were on probation for the charge, there could be a search clause in effect.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top