Legal Question in Criminal Law in Iowa

Car Search

I was arrested with my girlfriend, while I was in custody, the arresting officer had my girlfriend sign a release for the offcer to search my car. she was very upset--crying and scared out of her mind-- and thought she had no choice. I had also made it very clear to the officer that I would not allow a search. She is also underage and in no condition at the time to be making any decisions about my properety, was the search legal, Thanks


Asked on 8/06/01, 11:09 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Car Search

This can be a bit trickey, as the officer would otherwise be entitled to do an "inventory search" if he impounded your car, and the doctrine of "inevitable discovery" may operate to sustain the search he did.

Unless your girlfriend was an owner of the car, however, she did not have the authority to grant permission for a blanket search, and the search may be defective and the evidence seized subject to exclusion.

This is not an area for do-it-yourself. If you have jail time at stake or some other significant interest, check with a criminal lawyer in your area. Initial consultations/case evauluations are usually at no cost - ask first.

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Answered on 8/07/01, 12:19 pm


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