when are searches legal?

[lindeekj]

State of Iowa - When can a police officer search a vehicle without a search warrant?

Post a specific question regarding a specific incident. We don't teach you law nor do we spend months telling you all the possible scenarios available to law enforcement.

I am from idaho, our law states, if the driver is arrested they may search the area within the reach of the driver, example, front seat. Or with the permission of the driver. They can also search with out warrant if the car was abandoned.

[racer72]

And in Idaho and most states, if the vehicle is impounded whether the driver is arrested or not, the vehicle can be searched for a "content inventory". Anything found illegal during this search may be used against the operator of that vehicle.

[lindeekj]

state of Iowa
If a passenger has an arrest warrant and therefore is arrested - can they search the car, if it is not their car?

[ptlmejo]

Brush up on the constitution:

Searches are legal/valid when:

1. A Warrant Exists
2. Exigent Circumstances Exist
3. Search incident to lawful arrest
4. Property Inventory Searches

If a passenger has an arrest warrant and therefore is arrested - can they search the car, if it is not their car?

Yes. Ownership is not the question. Control of the vehicle is. If you were driving someone else's car then you are in control.

[lindeekj]

iowa.....
Underage drinking in a garage ......teens recieve tickets and the Mom recieves a ticket. One of the teens ticketed has a prior arrest for possession of pot - about 1 1/2 years ago - he is off of probation. The police searched his vehicle that was parked on the street - no one was in or near that vehicle. They said they could search his car because of his prior arrest???

Listen, instead of spoonfeeding facts why don't you tell use the WHOLE story.

Simply, I doubt that if the kids were in the garage and the car was in the street the police just ticketed them THEN went to the street to search the car.

What ELSE transpired between the time the tickets were issued and the search was conducted?

[lindeekj]

IOWA - SMALL TOWN, IOWA
Sorry I was "spoonfeeding" - but one of my last thread's replies chewed my ass for writing a story! Can't win with you guys, huh?
Ever heard anything about small town cops thinking they can do whatever they want??? Each teen received a ticket for underage drinking....no tickets were wrote for possession of pot. This is according to our local newspaper that ran the "big story". I wasn't there to see what transpired, but since there were no tickets wrote for possession of pot (and knowing the cop's dislike of this garage) - I guess I question the legality of this search. Why would I "hide" part of the "whole story" when I'm searching for an honest answer? Why would a person even think this - unless of course, they are sneaky themselves?