Is a vehicle search legal if I was arrested for being under the influence of drugs? 6 Answers as of February 23, 2012

Under the Gant case is a vehicle search okay where I was arrested for under the influence of drugs after a cop stopped to "help" me with my stalled car? I was in his car in handcuffs when he searched. The arrest was for alleged drug use. He allegedly found a pipe.

Free Case Evaluation by a Local Lawyer!

Enter Zipcode or for Immediate Assistance call (888) 428-7281

Have a general legal question? Click here

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here

Law Office of Thomas F. Mueller | Thomas Mueller

The police have a legal right to search if they have probable cause to believe you were under the influence.

Answer Applies to: California

Replied: 2/23/2012

Dennis Roberts, a P.C. | Dennis Roberts

No but the pig will claim consent or say he smelled pot.

Answer Applies to: California

Replied: 2/17/2012

Law Office of Brian K. Wanerman | Brian K. Wanerman

The Gant case deals with the exception to the warrant requirement for searches incident to a lawful arrest. You are correct that, if you're in a locked police car with no possibility of reaching for weapons or evidence which might be in your car, the exception does not apply. But, the police might cite some other exception to justify the search such as claiming you consented to it. You need to consult an attorney and provide him with all the details so he can advise you.

Answer Applies to: California

Replied: 2/17/2012