Can Police Search Your Trunk if They Smell Marijuana in ...

No. Just smelling marijuana coming from the car is not alone enough justification for a warrantless search of the trunk in Ohio. The Ohio Supreme Court in State v.Moore, 90 Ohio St.3d 47 (2000) found that if an officer smells marijuana during a traffic stop coming from a car, he can search the passenger compartment of the car without a warrant.. This warrantless search, however, does NOT ...

Can the police search your bag? - Quora

Answer: I'll speak from the perspective of U.S. Police or Law Enforcement. There are several ways that the police could search your bag, depending on the exact set of circumstances leading up to the search. The most common type of search (and easiest) is a consent search. An officer can ask you ...

Search powers: When the police can search you, your home ...

Overview. There are important restrictions on when the police can search your home, your car, your bags and other things, and you personally. They can only do it if they have your permission ("consent") or if they have a specific legal power, either because they've got a warrant (written authority) from a judge or it's a situation where an Act of Parliament gives them the power to do ...

Can the police legally look through my garbage? | FreeAdvice

The U.S. Supreme Court has decided that cops can search and seize abandoned property. In essence, once papers or contraband have been thrown into a trash receptacle, it is considered 'abandoned' and anyone, including the police, can look through it and claim ownership. A trash search will not constitute an illegal search and seizure in the eyes of the law.

Can Police Search My Car If They Smell Marijuana? - Key ...

However, police additionally searched the trunk of Betz' car and found a bag of marijuana, which the prosecutor presented as evidence of a crime. In the reversing part of the decision, the Florida Appeals Court ruled that the probable cause which existed to search the interior of the vehicle did not extend to the trunk or containers therein.

Police powers to stop and search: your rights - GOV.UK

The police can stop and question you at any time - they can search you depending on the situation. A police community support officer ( PCSO ) must be in uniform when they stop and question you.

SEARCHES OF STUDENTS - My School My Rights - Know Your ...

Can my school search me without my consent? YES, but only under certain circumstances. First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. Second, the way your school does its search should be "reasonable" based on what is being searched for and your age.

When Can the Police Search My Car? | CriminalDefenseLawyer.com

A "search incident to arrest" allows a search of the immediate vicinity of the driver (in other words, where the driver can reach inside the car) when the police have grounds to place the driver under arrest. Probable cause search. A probable cause search is allowed where the police have a reasonable belief that a weapon or evidence of the ...

Can police legally search your bag in a friends car after ...

Can police legally search your bag in a friends car after getting pulled over without your consent or a warrant? Me and 2 friends got pulled over for speeding. Once we were pulled over the police said he saw an open beer (which there was none and he never found any after he searched the car) he also said he smelled marijuana, but the driver and ...

When are police legally allowed to search me? - Police ...

[Consent Searches] If the police ask your permission to search your home, purse, briefcase or other property, and you freely consent, their warrantless search automatically becomes reasonable and therefore legal. Consequently, whatever an officer finds during a consent search can …

What Are Your Rights When it Comes to 'Nosy' Drug Dogs ...

Many people don't know it is within their rights to refuse consent for police to search your belongings at this point. If you say yes and consent, it becomes legal for the officer to search your car or use a drug dog. In recent years the U.S. Supreme Court has provided certain limits as to the use of drug dogs, explained below.

Searching Passengers and Their Belongings | Nolo

Officer Colombo opens the purse, finds drugs inside, and places the purse's owner under arrest. The arrest and drug seizure were valid. Because Officer Colombo had the right to search the car for drugs, he also had the right to search items belonging to passengers that could reasonably contain drugs. ( Wyoming v. Houghton, 526 U.S. 295 (1999).)

Speeding or Moving Violation Car Search | LegalMatch

Since a bag of marijuana is small enough to be found anywhere in the car, including the trunk, the police may search the vehicle and the trunk. The police may also search the vehicle if the driver consents to the search. Keep in mind that the driver does not need to consent to the search. Can the Police Search Other Vehicle Occupants? If the ...

Students Have Rights When Searched or Questioned at School ...

This "expectation of privacy" applies to students in public school. A search looks for evidence of wrongdoing in places where someone has an "expectation of privacy." A search can be of your child's: person (empty pockets, pat downs, etc.), property (backpack, purse, car, etc.) or; school property your child uses (desk, locker, etc.).

Can Police Search Closed Containers in a Car? -

To search a closed container, police must have a reasonable belief that the container holds evidence of the crime he stopped you for. If your vehicle is seized or impounded, then police can conduct a full inventory of all items in your car, including closed containers. Anything found during an inventory search is generally admissible in court.

Know Your Rights: Searches of Students | ACLU of Northern CA

Can my school search me without my consent? YES, but only under certain circumstances. First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. Second, the way your school does its search should be "reasonable" based on what is being searched for and your age.

Search and Siezures Law in India – Police Powers | KLE Law ...

But, the search has to be carried out in presence of the owners and the seized items if any need to be listed. Two witnesses have to be present alongside as well. Police can carry out a search in your house or office without a warrant if they suspect that you have been hiding a criminal of stuff that is considered unlawful like drugs, etc.

Police May Search Bags and Purses in a Car If They Have ...

Police May Search Bags and Purses in a Car If They Have Probable Cause to Search the Car. The Pennsylvania Superior Court has just decided the case of Commonwealth v.Runyan, 2017 PA Super 114.In Runyan, the Commonwealth sought reversal of a suppression order which found that police could not automatically search the purse of a passenger in an automobile even where police had probable cause …

When Can the Police Search My Car? | Davis Law Group

If a police officer approaches your vehicle and notices drugs, drug paraphernalia, or other evidence of a crime, they are permitted to search the vehicle. From there they can confiscate the drugs and use their findings as evidence against you. This is another instance in which the answer to the question "can the police search my car" is ...

5 Reasons You Should Never Agree to a Police Search (Even ...

A careless acquaintance could have dropped a baggie behind the seat. Try telling a cop it isn't yours, and they'll just laugh and tell you to put your hands behind your back. If you agreed to the search, you can't challenge the evidence. But if you're innocent and you refused the search, your lawyer has a winnable case.

What happens if you refuse to allow a police officer to ...

The police officer can also "frisk" (feel the outside of) any purses, bags, or other things in the car that could hold a weapon. But, if you allow the officer to search you or your car, then the search will normally be considered valid -- even if there were no solid reasons behind the officer's request.

Can a police officer search a locked container in my car ...

I agree with all other counsel's advice, all cases are fact dependent. I would simply add that as a practical matter a smart unethical cop - of which there are too many - can always simply lie and write in his police report that you consented to his search of your locked safe which he saw in plain view following a stop of your vehicle after he observed you speeding dangerously change lanes ...

Do I Have to Consent to a Police Search of My Car? - Super ...

He adds that the police could detain you there for a reasonable amount of time, as well as call for a canine to come walk around your car. "But if the canine doesn't alert, they shouldn't be allowed to go into your vehicle." Many who have consented to an officer's request to search a vehicle have later regretted the decision.