Can an officer legally search my brothers car in the circumstances below.?

Question

I live in Michigan, and my brother was driving his car under completely legal circumstances with several other people. No one was intoxicated or under the influence of any drugs, and there were no illegal substances in the car. My brother is 16. A cop performed a "routine" stop, asked for license and registration, which was provided, and asked everyone their names. One of my brother's friends who was riding shotgun apparently had warrants for grand larceny and failure to appear in court, so when the cop ran his name through the system and came back, he arrested him and put him in the squad car. He then returned and said he had the legal right to search the car, and despite not being given consent from my brother, ordered everyone out and did so, finding nothing.

Now, I've had the liaison officer at my school come talk to us about police issues including extensive search procedures multiple times in the past, and I don't recall hearing anything that would indicate this officer was able to search without consent in these circumstances, but granted that was a while ago, so I've done some searching on line, but the only thing I've found that resembles this situation is that if the driver is arrested they can search the car, however the driver was obviously not the one arrested. Basically the rest is just stuff about how they can search with reasonable suspicion that an illegal substance, firearm, etc. is in the car, but I think it's pretty obvious that any suspicion of that was not reasonable, as everyone was completely sober and alert and acting rationally. The only issue was the passenger's arrest.

I would greatly appreciate if someone could fill me in on the details, and whether or not this was a legal search.

Answer 1

Well in Wisconsin if anyone in the vehicle is placed under arrest then we have the car. Not sure about Michigan.

Answer 2

Michigan, it was a legal search.  

Answer 3

It is legal under the search incident to arrest exception to the search warrant requirement. The exception covers whatever area is within the lungeable reach of the person arrested, whether he is the property or not. The idea is that the subject being arrested may have a weapon concealed in the area, or may hide contraband or evidence if he has it on his person when he is about to be arrested. As far as the stop goes, neither one of us was there, so neither of us no if there was really no reason for it or not.  

Answer 4

It doesn't sound legal but I'm sure the cop will make up a reason for the search when the case goes to court.

Answer 5

THEY ARE ALLOWED TO SEARCH ANYWHERE WITHIN ARMS LENGTH  OF THE DRIVER AND PASSENGERS. THEY ARE NOT ALLOWED TO UNLOCK A LOCKED GLOVE BOX OR TRUNK WITHOUT PROBABLE CAUSE OR A WARRANT. ANYTHING FOUND WITHOUT PROBABLE CAUSE OR WARRANT ARE PROCEEDS OF AN ILLEGAL SEARCH AND SEIZURE AND WOULD BE TOSSED OUT IN COURT.

Answer 6

I do not know about Michigan but in Washington I can search a vehicle incident to the arrest of any occupant of that vehicle.

Also, there is no such thing as a "routine traffic stop".  An officer in any state must have reasonable suspicion of some sort of offense to stop a vehicle.  

Answer 7

Good question.

I strongly suspect that because of the arrest - and the charge of grand larceny - the officer had probable cause and a reasonable motive to feel that there possibly could be stolen property in the vehicle.

The arrest in and off itself is pretty strong probable cause to warrant the search.