Legal Question in Criminal Law in Oregon

illlegal search

A friend and I, met for lunch one day, I borrowed a car, we met at a store, she wanted to go in and buy some items, when we left the store I carried the item out for her, it was heavy, and put it in her trunk,then we drove in seperate cars to a nearby mcdonalds. we were sitting and eating and talking in HER car, there were cops at the window. They asked me if they could search the car beside us, which I borrowed, I replied no, can't search something that's not mine,(besides i'm in her car),they searched anyway, in a cd case they found controlled substance, which i'm charged with, also a theft charge for carrying her item out to her car. They asked her if they could search her car, she said no. they only searched her trunk, due to probable cause for the item,we put there, they did not look in her vehicle,why?, so my question is ,1 due to probable cause for her item in her car, are they aloud to search a borrowed car, when i tell them no, it's not mine. and i wasn't in that car in the first place. 2. and how can they charge me with something that isn't even in my possesion, it's in possesion of a car that i borrowed. i think this is a illegal search, am i right, also this incident happened in Portland, Oregon.


Asked on 10/29/02, 9:58 pm

2 Answers from Attorneys
Gary Taylor-Rose ALR&I

Re: illlegal search

Dear Mychal:

In response to your question with respect to ownership and police searches of vehicles on public roads, etc..

In order for the police to have made a legal search of the borrowed vehicle they would have had to either secure your permission (which was denied) or obtained the owners permisson (which was not given and they did not do) or in the alternative produced a court order (of which they did not apply for and did not have).

"Probable Cause" to search the borrowed vehicle was abundant, it does not take much in that area. I feel you may have a cause of action and advise you to go ahead and write a few attorney(s) with a more detailed discription.

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Answered on 10/31/02, 8:18 am
Mychal Gheen

Re: illlegal search

This is pretty cut & dry issue. 1. Yes a officer may search your car with probable cause if he or she believes they will find contraband of some sort. 2. Technically yes they can get you with having a controlled substance and charge you with it because you were in possession of the vehicle at the time it was found. In this case I would plead not Guilty and go with a trial. Portland does have a reputation. Also how r they charging you with theft unless the item you carried out was stolen???

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Answered on 10/30/02, 4:35 am


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