Warrantless search and seizure

[Ronald Flores]

Jurisdiction

California

I pulled in to the hotel parking lot there was a officer parked in there I parked my vehicle got out and walked in to the front office as I was waiting for assistance the officer drove over to where I parked my vehicle ran my plates when I came out he hand cuffed me and starting searching my vehicle is that legal?

 

[army judge]

I pulled in to the hotel parking lot there was a officer parked in there I parked my vehicle got out and walked in to the front office as I was waiting for assistance the officer drove over to where I parked my vehicle ran my plates when I came out he hand cuffed me and starting searching my vehicle is that legal?

Yes, law enforcement agencies all across the USA routinely check license plates.

Some of those agencies even have automated equipment which alerts the officer/deputy/agent to what the computerized program discovered.

 

[zddoodah]

It's legal that he ran your plates. Whether handcuffing you and searching your vehicle was legal depends on why he did that. Were you arrested or charged with a crime as a result of this?

 

[mightymoose]

You did not give enough information to assess the search.
Are you on parole or probation?
Did you have any warrants for arrest?
Was the vehicle locked?
Was there any kind of contraband in plain view?
What reason did the officer give for the search?
What exactly was searched?
Was anything found?

 

[Ronald Flores]

You did not give enough information to assess the search.
Are you on parole or probation?
Did you have any warrants for arrest?
Was the vehicle locked?
Was there any kind of contraband in plain view?
What reason did the officer give for the search?
What exactly was searched?
Was anything found?

No I'm not on parole or probation, yes I did have a bench warrant because I missed court that same day because I had thought my court day on Monday not Friday. Yes the vehicle was locked. No I didn't have any kind of contraband in plain site. No he didn't give me any reason for the search. He searched my intire vehicle even pulled the upholstery off my trunk pulled off my center console panels off breaking some of the lock latches on my panels he pretty much searched every inch of my vehicle. Yes he found a small amount of methamphetamine under the driver's back passenger seat which I had no clue it was back there.

 

[army judge]

Yes he found a small amount of methamphetamine under the driver's back passenger seat which I had no clue it was back there.

A routine license plate check revealed the vehicle was driven by a person for whom a bench warrant was issued.
You were arrested.
The vehicle you were driving was searched INCIDENTAL to the arrest.
Contraband was discovered during the inventory of your vehicle, incidental to your arrest.
If you have a beef with any of the above facts, you discuss it with your attorney.
If your attorney concurs, the beef is argued before the judge.
From my review of the events you recited, NOTHING the officer did violated any law.

 

[zddoodah]

yes I did have a bench warrant

Let me get this straight. You had a warrant for your arrest but think that it might somehow have been illegal for the officer to take you into custody? Really? What was the bench warrant for?

he found a small amount of methamphetamine under the driver's back passenger seat which I had no clue it was back there.

It's amazing how many people seem to have illegal drugs in their cars without their knowledge. Were you charged with a crime as a result of this? If so, you can discuss with your defense attorney whether you have any chance of arguing that the drugs should be suppressed because the search of the vehicle went beyond what was allowed as an incident to your lawful arrest under the bench warrant, but you shouldn't get your hopes up. No one's going to believe the "I didn't know about the drugs in my car" story.

 

[mightymoose]

I agree, however the sequence of events is important.
An "inventory" of the vehicle is not intended to be a search, and is invalid if the officer did not actually tow your vehicle. Was the vehicle towed?
Searching under panels and upholstery would be beyond the scope of the inventory, however if the officer first found suspected methamphetamine it would enable him to look deeper, essentially anywhere methamphetamine might reasonably be found.
This is definitely something to discuss with an attorney after reviewing the officer's report.
With the information you gave it is easy to see how the officer likely can justify the search without a warrant, however there are ways the officer could have gone wrong too.
You need someone to review the facts who has access to the details. Lawyer up.

 

[mightymoose]

but think that it might somehow have been illegal for the officer to take you into custody?

I understand the question to be regarding the search of the vehicle, not the validity of the arrest on the warrant.

 

[army judge]

It's amazing how many people seem to have illegal drugs in their cars without their knowledge.

I agree, I've always found it to be most remarkable that if the police find any contraband, how the subject always squeals, "I don't know how that got there!"

Another classic is when a police officer asks, "Is there anything illegal in your car."
The subject replies, "Not that I know about."

 

[army judge]

I agree, however the sequence of events of important.

Yes, as are the facts, which the "arrestee" often fails to truthfully recount.

 

[mightymoose]

I agree, I've always found it to be most remarkable that if the police find any contraband, how the subject always squeals, "I don't know how that got there!"

This is especially remarkable when they say this about things found in their pants pockets.

 

[zddoodah]

I understand the question to be regarding the search of the vehicle, not the validity of the arrest on the warrant.

The last part of the run on sentence in the original post is "he hand cuffed me and starting searching my vehicle is that legal?" Whether that means the handcuffing or the search or both...your guess is as good as mine.

 

[mightymoose]

Well the title of the post is "warrantless search and seizure", so there is that....
Maybe my guess is just a little bit better... Just this once

 

[Tax Counsel]

Another classic is when a police officer asks, "Is there anything illegal in your car."
The subject replies, "Not that I know about."

Another great example of why, when questioned by police, the person should simply invoke his/her right to refuse to answer and then say nothing else. That kind of statement does the person no good, but can end up working against him/her.

 

[zddoodah]

Well the title of the post is "warrantless search and seizure", so there is that....
Maybe my guess is just a little bit better... Just this once

Right...seach and seizure.

 

[mightymoose]

Right...seach and seizure.

What is a seach? I am not familiar with that term.

 

[army judge]

What is a seach? I am not familiar with that term.

Maybe "seach" means "wet beach"?

Urban Dictionary says "seaching" Urban Dictionary: Seaching

Seaching
Having no life and staying back at work
That guy, why wont he go home, he's seaching"

Hmmmm...