Legal Question in Criminal Law in California

Wat is probable cause to search a vehicle

If A person gets pulled over and the person only has a out of state license, does that make them and their vehicle search able?


Asked on 6/22/09, 5:25 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: Wat is probable cause to search a vehicle

The facts you have presented do not provide enough information to determine if there was good cause to conduct a search.

Generally, an out of State driver's license by itself does not provide probable cause to conduct a search. However, upon pulling you over the Officer has the right to look into your car through the windows and if they see something suspicious that may give them probable cause. You also stated you were pulled over by the Officer, what was the reason you were pulled over?

What events happened between you and the Officer before they conducted the search? Did the Officer ask to search your car and did you give the Officer permission to search?

Vehicle Stops involve a lot of information and things can happen very quickly. There are many different things to consider before concluding the search was conducted improperly. I suggest you contact an attorney and provide them with detailed information regarding the stop and find out where you stand.

If you are shopping for attorneys feel free to call my office.

Good luck

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Answered on 6/22/09, 6:20 pm


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