Legal Question in Constitutional Law in New York

Legality of Car Searches

When can and can't police officers search your car without a warrant? Are the laws different if you are arrested, if you are at a checkpoint. are crossing a bridge, are at a border, are being pulled over for a traffic violation, are not in your car, etc. Does locking the trunk (I guess the trunk or the glove compartment change the rules?


Asked on 11/16/05, 7:34 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Legality of Car Searches

Your question is too complex for a simple answer but the general resposne is police can always make a general search (see what's in plain sight) at any time incident to a traffic stop. Incident to an arrest the leeway is expanded. However trunks are generally off limits absent a search warrant. At a border, border guards can convey full warrantless searches.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 11/17/05, 11:18 am


Related Questions & Answers

More Constitutional Law questions and answers in New York