Legal Question in Criminal Law in Florida

Can my car be searched if I have no valid license


Asked on 5/03/14, 10:17 am

2 Answers from Attorneys

If you are arrested yes, the inside of your car not the trunk, but it depends also on some factors. First, is why they have stopped you, because they must have had probable cause to stop you to begin with. They can also search if from their communication with you and if from looking from outside they see things that are in plain view. Also, sometimes the officers will ask you if you have anything illegal, you may say no, after which they may say " do you mind if I take a look?" If you say no. You just gave them your consent to search.

There are many situations and the search and seizure field is very complicated and there are also many exceptions to the rules.

If something was seized from you that may incriminate you for another crime you should contact a lawyer immediately as you may prevent that item to be admitted as a fruit of an illegal stop, search, seizure. Do not delay.

Sincerely yours,

Daniel Lenghea

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Answered on 5/03/14, 11:44 am
Joseph Justice The Justice Law Firm

For simply not having a valid license the answer would be no. If you are placed under arrest for driving it without a valid DL they can perform a limited search incident to arrest or they can do a search if the vehicle is impounded.

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Answered on 5/03/14, 11:47 am


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