Arrest, Search, Seizure, Warrant Is this an illegal search

[cole788]

A friend of mine was arrested about a month ago. He pulled into a gas station and an unmarked car pulled in behind him, an undercover policeman got out and came at him with a taser gun. He had not tried to run from the police. He was cuffed and put into the back of the police car. When he was searched there was nothing found on his person. The girl he was with was also searched and had possesion of paraphenalia. At that time they searched his car and they searched the trunk. In the trunk they found cocaine. All this took place while he was in the back of the police car. Is it an illegal search of the trunk if he was not able to see the officers conducting the search?

 

[Duranie]

Was your friend actually tasered?

He does not have to see the search going on in order for it to be legal.

Generally cops need permission to seach the car, or get a warrant.

Were you even there? If not then you are probably only being told one side of the story.

Your friend needs an attorney. He has probably been given a PD, or he can hire his own private attorney.

 

[ajoelane]

Expectation of privacy

Was your friend actually tasered?

He does not have to see the search going on in order for it to be legal.

Generally cops need permission to seach the car, or get a warrant.

Were you even there? If not then you are probably only being told one side of the story.

Your friend needs an attorney. He has probably been given a PD, or he can hire his own private attorney.

I do not know what state you are in, I do know that in california if you are legally arrested from your vehicle the police may search your car, including the trunk, you know for inventory reasons, ha ha. If you are not under arrest, in California you have a certain among of expectation of privacy when it comes to a locked trunk. Without the owners permission the police must get a warrant for a locked trunk, if they do not, it is an illegal search.