Legal Question in Constitutional Law in Florida
Police Searches
Does an officer have the right to search a person's trunk for evidence if the defendant looks nervous? Is the evidence admissible in court if the defendant allows for the car to be searched?
Asked on 10/17/05, 9:53 am
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Police Searches
If the owner or driver gives police permission to search the car then the search is legal and its results can be used in court, unless the permission was obtained by force or fraud.
That the driver is nervous is not enough, by itself, to justify a warrantless search of the trunk. But it is enough to justify asking for permission to search (in fact, police can ask even with no justification), and once that permission is granted the search is legal.
Answered on 10/17/05, 4:38 pm
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