Legal Question in Criminal Law in Tennessee

help

does a police officer have the right to search a vehicle if there were no probable cause to search it?


Asked on 2/10/09, 12:41 pm

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: help

It depends.

If the driver of the vehicle is arrested and that car is going to be left or towed off, police can perform what is called an "inventory search," supposedly to assure that the owner later will not claim something was in it that was not and to assure that valuables are protected.

Or if the owner or driver consent, they can legally search.

Or if they have a warrant.

Otherwise, generally, no, the police do not have authority to search a vehicle without probable cause.

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Answered on 2/11/09, 9:16 am


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