Legal Question in Criminal Law in California

Automobile Search

If your automobile is parked on county property can it be searched without a stated reason?


Asked on 4/15/01, 4:32 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Automobile Search

I know of no reason why you'd be waiving your constitutional rights under the 4th Amendment by merely entering county property.

I have entered some county jails and state prisons in which there were large signs informing me that if I wanted to enter the property I'd be giving up certain rights and make myself subject to random search and seizure. It's not uncommon to enter prison parking lots, and encounter such signs telling you what property may or may not be brought onto the prison grounds. I've always assumed from the signs that I had given up certain rights by entering the property. But there was good reason due to the security problems associated with prisons.

Telling you what they are looking for and asking your permission to search would be important is significant. Without your permission some very good grounds to conduct a search would be needed, or in the alternative a search warrant.

Cars are normally not given the same 4th Amendment protection that homes or your person are given. However, I've not researched car searches recently, and some of the other attorneys answering your question might give you a more informed answer.

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Answered on 6/09/01, 11:53 am


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