Arrest, Search, Seizure, Warrant illegal search??

[jenniferF]

the situation: A woman is assaulted at a childrens soccer practice by her ex husband. Assault by contact, family violence. She calls the police. As it turns out she has a warrant that she was unaware of. The warrant was for burglary of a habitat. The ex husband accused her of burglarizing his family's ranch house four years previous. How they got a warrant issued is another question

The woman goes to jail. Before they take her she calls her roomate to come pick up her vehicle from the parkking lot. The police go across the parking lot and search her vehicle without her permission. Her purse was in the vehicle and it was searched as well. Nothing was found and the roomate took the vehicle home. There was no need to inventory the vehicle since it was not being impounded and the vehicle was not a part of the situation. Did the officers have a right to search it and search the purse that was in the vehicle?

The ex husband likely told the cops that there were guns or something in hte vehicle but is that enough probably cause?

 

[Michael Wechsler]

I'm not sure whether there was probable cause here to search the woman's vehicle and on the facts it doesn't seem so. But if the warrant for arrest was invalid then I would fight that and the second search would likely be tossed quickly.

the situation: A woman is assaulted at a childrens soccer practice by her ex husband. Assault by contact, family violence. She calls the police. As it turns out she has a warrant that she was unaware of. The warrant was for burglary of a habitat. The ex husband accused her of burglarizing his family's ranch house four years previous. How they got a warrant issued is another question

The woman goes to jail. Before they take her she calls her roomate to come pick up her vehicle from the parkking lot. The police go across the parking lot and search her vehicle without her permission. Her purse was in the vehicle and it was searched as well. Nothing was found and the roomate took the vehicle home. There was no need to inventory the vehicle since it was not being impounded and the vehicle was not a part of the situation. Did the officers have a right to search it and search the purse that was in the vehicle?

The ex husband likely told the cops that there were guns or something in hte vehicle but is that enough probably cause?