Arrest, Search, Seizure, Warrant Searching a vehicle

[Rachel0320]

If a car is presumabley abandoned, can the car and its contents be searched and rummaged thourgh?? i.e. A back bag in the car. I don't necassarily mean the glove box to see who the registered owner is to call them, but........... Or does the officer(s) just have a right to check the registration? I live in CT and any help, info., links, etc. would be great! Thank you!

 

[seniorjudge]

Q: If a car is presumabley abandoned, can the car and its contents be searched and rummaged thourgh?

A: Yes.

 

[Rachel0320]

I don't understand how that is possible! They don't have to have it impounded first? The car was left where it was due to running out of gas. I mean all you really need to do is run the license plate, which will give you the owner, try to call them and take it from there. This just doesn't seem right. What probable cause was there? Maybe abandonment? How would they know that if they don't contact the owner?

 

[CdwJava]

I don't understand how that is possible! They don't have to have it impounded first?

No. If it has been left at the side of the road for a time, they may have good cause to make entry to determine the registered owner and even to inventory the contents prior to an impound. The justification will be based upon the totality of the circumstances. Not knowing what the officers have articulated to justify the intrusion, we can only speculate.

Since apparently the police rummaged through your car and found something they are using against you, I suggest you hire an attorney and ask if a suppression motion might have a chance of success.

The car was left where it was due to running out of gas. I mean all you really need to do is run the license plate, which will give you the owner, try to call them and take it from there.

Addresses are frequently not updated and phone numbers are not on your registration. The police might also be able to look inside if they believe it might have been stolen. Again, it comes back down to what the officers can articulate.


- Carl

 

[Rachel0320]

The car was probably left for about 30 minutes while I went to go get gas. I can't believe that they were there that long, so...........

 

[CdwJava]

The car was probably left for about 30 minutes while I went to go get gas. I can't believe that they were there that long, so...........

Sooo ... your attorney can move for suppression and the officers will have to articulate why they entered the vehicle.

What did they find?

- Carl

 

[Rachel0320]

Here's the thing, I've had a crack/cocaine problem of which I have been clean for several months and didn't even know those were in the bag. I guess the homeowner thought she was getting robbed or at least that's what they are telling her to say. Who knows, everything gets all screwed up and I guess once you get "dirty" your marked by your history! I hope this will just go away with a urine test and proof of rehab! Thanks!

 

[CdwJava]

People do get suspicious when strange cars are parked outside for a long time.

Also, if you are on probation or parole, there would be no expectation of privacy IF they made a search based upon that. Anything else, and you might have a chance of a suppression.

- Carl

 

[Rachel0320]

You are so wonderfully helpful, thank you! They couldn't have known I was on probation. The car is my fiance's and that's how the plate would have ran. Who knows? And like I said, the car was there 30 min. tops.

 

[seniorjudge]

People do get suspicious when strange cars are parked outside for a long time.

Also, if you are on probation or parole, there would be no expectation of privacy IF they made a search based upon that. Anything else, and you might have a chance of a suppression.

- Carl

Excellent and accurate advice.