Legal Question in Criminal Law in Indiana

Illegal Search

Is it illegal for the police to search the car of a minor without his permission? This includes the policeman taking the keys out of the ignition and checking the trunk also. They did not once ask permission to search the car. It was my understanding that they had to have your permission or obtain a warrant. Was my Minor Child taken advantage of?


Asked on 6/26/01, 11:52 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Illegal Search

While a warrant for a search is required, there are exceptions. One would be as pointed out by you, consent to search by the appropriate party.

Another situation would be where the car was impounded and an inventory search was completed. Evidence found durring this legitimate warrentless search may be used. Search incident to a lawful arrest will also lead to warrentless search.

The question is what were the facts of this situation which may or may not have allowed a warrentless serach. More factual information would be required to determine if such a serch by police was proper.

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Answered on 6/30/01, 9:36 am


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