Legal Question in Criminal Law in Arizona

Warrantless Search of Parked Car

As I left My townhouse heading towards my car. I noticed 2 cops fully searching my car. The trunk was open and 1 cop was 1/2 way in the back seat.

The asked if I knew whose car it was. I could see it was too late to stop the search, so I just said no.

My Car was Locked, parked in my parking lot and was registered with current tags. The Auto theft DEt. later told me my plate was dirty and my car was clean. For the initial reason to check it out. Then my dashmat covered my public Vin and there was a hole in the tint where my vin should of been and was not. The wind shield was a replacement.

After Prying my door back and grabbing the Handel he was in my car. He could have just pulled back the Dmat and checked the vin. after he checked inside the door jam of the door he opened. He told me the vin was scratched. AROMOR-ALL, white dried streaks of it lightly marred the clearly readable vin on the dash. Any idiot could tell.

So 1 valid plate , 2 vins matching. I lived there. Car was not reported stolen. And the $($@ Needs to open my hood. See vin #3 and a small paper closed box with a printer ribbon.

A warrant is issued to search my home. I get 4 felonies from the car search alone.


Asked on 10/24/07, 3:48 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: Warrantless Search of Parked Car

The scenario you present raises search and seizure issues that would likely need to be contested in pursuit of a dismissal of your charges. I do need to know more about the status of the case to further advise you. Feel free to contact me to set up a meeting if you are looking to hire counsel.

JL

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Answered on 10/24/07, 8:16 am


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