Can the police search a minor's vehicle without asking or getting some kind of warrant???

Question

I'm 16 and last night my friends and I were out at 1:30 A.M. talking in the parking lot of holiday in.We were sitting on my tailgate and then a cop pulls up tells us its past curfew and put us all in cuffs.They asked me if there was anything they need to know about in my truck and I told them there was a can of tobacco in the console,but they never asked me if it was ok for them to search it.I asked one officer if they were allowed to do that and he said yes.So they ended up impounding my truck and taking me to J.I.C. for the night.

Sincew they didn't ask or even tell me they were going to search my vehicle can I get this thrown out in court???

Answer 1

No you cant have it thrown out they have the right to search a car once the arrest has been made so they were withing their right and no the officer doesn't  need to read you your rights once you arrived at J.I.C they would have read you your rights.  

Answer 2

yes if they have the suspicion of drugs or achohol

Answer 3

Nope, sorry, you've got nothing.  When you decided to be out past curfew and the officer took you into his custody (when you are placed in handcuffs you are in his custody), he had probable cause to search your vehicle.  When you stated you had tobacco in the car, that gave them further probable cause, and when your car was impounded they automatically have to take an inventory of what is in your vehicle.

Also, you are only read your rights when they are questioning you about a crime that was committed.  It doesn't seem he was questioning you about the crime being committed, so you've got nothing...  they did everything within protocol.  

Answer 4

Once there was a violation, your curfew arrest, they did not need your permission to search.  It was considered "search incident to an arrest".  

Answer 5

yes he had the right to do it! once he put the cuff's on you to take you to J.I.C.

if he would of was just talking to you, he had no right to do a search, unless you gave him probable cause, which could be anything. so as long as you have nothing to hide, just let them do the search, its not worth the headache to say no to a search.

Answer 6

Search pursuant to arrest. Valid reason to search.

Answer 7

Before impounding the truck, they must do a inventory of the contents. This is often mistaken as a search, however, they were in compliance with the 4th amendment.  

Answer 8

No, a police officer only needs probable cause to conduct a search of a vehicle.  Furthermore, you were arrested and the car was impounded, allowing them to conduct an inventory.  The probable cause was the fact that you admitted to being a minor in possession of tobacco and that it was located within the vehicle.

Answer 9

I used to think they would have to have consent from the parent or guardian, but now I'm not so sure.