Legal Question in Criminal Law in Nevada

Search of Vehicle departing Property during a properly executed search

As I am not licensed to practice law in Nevada, this response is in no way to be considered legal advise. Toobtain proper legal advice I suggest you contact a properly licensed attorney in Nevada or the Office ofthe Public Defender if you cannot afford an attorney.

Your question involves a Constitutional issue which I can address, but I limit this response to USConstitional Legal principles and not Nevada law or decisions of Nevada Courts.

The question you need to answer is was the van on the property at the timethe police began their search and what were the circumstances that caused you to drive the van away from the property. Hypothetically, if a vehicle is on property subject to search as indicated in a proper search warrant, which includes vehicles located on the property, thevehicle is subject to search. If someone attempts to move the vehicle from the propertyduring the search, the vehicle is still subject to the search, and additionally, the policecan argue a heightened level of probable cause to search thevehicle because the person moving the vehicle could be considered tobe fleeing from the police or trying to dispose of evidence. Vehicles enjoymuch less protection under the 4th Amendment then do homes because of theirmobility.

I encourage you to discuss your particular circumstances witha duly licensed attorney in Nevada.