Legal Question in Criminal Law in Massachusetts

Search and seizure

If a person is pulled over for a minor traffic violation, can a person refuse a policeman's request to search the car, and drive away.

Can the policeman search the car anyway, because of the minor traffic violation?


Asked on 3/16/08, 8:53 am

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Search and seizure

You can always refuse to permit a police request to search the car.

Whether the cop can then search part of the car depends on the facts.

If you have any other questions, please contact me.

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Answered on 3/16/08, 11:03 am
Risa Freeman Law Office of Risa Freeman

Re: Search and seizure

A person can certainly refuse consent to a search. In order for the police to lawfully search the automobile, they need either consent, probable cause, a search warrant or the existence of other exceptions to obtaining a search warrant. If none of these things were there, then any fruit of the search can possibly be suppressed. If any items seized by the police are suppressed, they cannot be introduced as evidence at any subsequent trial and the charges relating to said items could possibly be dismissed.

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Answered on 3/17/08, 2:58 pm


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