I am 18 and drive a car that is registered under my mother. I was told that for the police to search my car, my word wouldn’t matter because I don’t own the car. Is it true that in the State of Virginia that if you are not the owner of the vehicle you drive (instead a parent is) that if a police officer wants to search your car, your answer or word wouldn’t matter because your not the owner of the vehicle. Would they have to ask the owner of the vehicle for permission to search or could they only ask the driver?
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Rights to Search Vehicle
Posted by Legal Information in August 9th 2007
2 Answer
Jennifer Said,
August 9th, 2007 @4:11 pm
Ok I have some information pertaining to traffic stops. To be exact according the link below, the Fourth Amendment of the United State Constitution protects the rights of people from searches, however there are also certain rights which a police officer may have as well. I have attached two links. These links should shed a little light.
http://www.cass.net/~w-dogs/ltraf.htm
http://caselaw.lp.findlaw.com/data/constitution/amendment04/
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American by law have constitutional rights and one of these rights include not allowing a police officer to search your car without a search warrant. These searches include both in the main cabin of the car as well as the trunk of the car. However there are certain circumstances that apply that give the officer the right to search your car without a search warrant. These rights include the following:
If you give consent to allow the officer to search your car.
If you are stopped an there are weapons, drugs or other illegal objects in plain view of the police officer, he or she has the right to search your car.
If the motorist is arrested for driving under the influence of alcohol or arrested for other illegal activity at the time of the motor vehicle stop, they have the right to search your car.
If the officer believes a crime has been committed such as murder, bank robbery, car is filled with marijuana smoke or a strong smell of alcohol, they have the right to search your car.
If the officer feels that immediate action is necessary to protect the life of another they can search your car (Very hard to prove!).
Do understand, it doesn’t matter who’s car it is or who is driving the car. The fact is if you are operating a vehicle and there is illegal activity, such as the above examples, the police have the right to search your car.