Legal Question in Criminal Law in New York

car searches

can the police search a person car without the owner's permission?


Asked on 12/31/07, 9:18 pm

2 Answers from Attorneys

James Kats James S. Kats, Esq.

Re: car searches

Your question requires a very complicated answer because you do not provide any specifics about the search. For example, if the driver is arrested and the car has to be impounded, Yes, the car can be searched and inventoried.

The car could also be searched if the police have a "reasonable" suspicion there is contraband or weapons inthe car.

The answer to your question is very sensitive to the particular facts of the stop and/or arrest of the driver.

James S. Kats, Esq. [email protected]

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Answered on 1/01/08, 2:43 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: car searches

Depending on the facts it's possible. The answer requires a thorough analysis which can only be done in a consultation with a criminal defense attorney. Good luck.

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Answered on 12/31/07, 11:30 pm


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