Legal Question in Civil Rights Law in Kentucky

My car was parked in the back of my house. Police ran tag and it came back that I had a warrant for non-payment of traffic tickets. Before they even came to the door and without my knowledge they searched my vehicle. After they finished they came to the front door and I was arrested for the warrant. At no time did they ever let me know that they had searched my car. I only found out when my neighbor told me what they did. Is this legal?

Asked on 10/02/11, 1:29 pm

2 Answer from Attorneys

Andrea Welker Welker Law Office

No, they needed a search warrant to search the vehicle. Even if you had been in it, they'd have needed a search warrant thanks to a recent Supreme Court opinion, Arizona v. Gant. Not that the police mind violating the Fourth Amendment whenever they can get away with it. Likely they'll just deny it and unless your neighbor is particularly of upstanding character, guess whose word goes further?

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Answered on 10/03/11, 7:47 pm

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