Legal Question in Criminal Law in California

Re: reason to search

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that the police always have to have probable cause to search your car if they don't have a specific search warrant. Probable cause is defined as articulable facts that lead to a reasonable suspicion that a crime has occurred or is occurring. Without additional facts, it's hard to tell in your case, but consider this:

A unique situation exists in which the Supreme Court has approved suspicionless searches in the traditional law enforcement context. See Michigan Dep't of State Police v. Sitz, 496 U.S. 444 ('90). The Sitz Court relied on well-settled law that motorists have a lessened expectation of privacy regarding stops and visual searches of automobiles on the nation's roadways. Id. at 450 (explaining the importance of the context of 'police stops of motorists on public highways').

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

Re: reason to search

Any answer from here is irrelevant, except to encourage you to defend the criminal charges that you imply were brought against you. Feel free to contact me if that is the case. You may have grounds for a suppression motion and other defenses.

Re: reason to search

That does not sound like reason enough by itelf. Depending upon the circumstances, though, it might be.