Legal Question in Traffic Law in Minnesota

I was pulled over for having a crack in my tail light. I was then asked to step out of the vehicle, walk back to the squad car, and then arrested for having an warrant out for failure to appear for a 'no proof of insurance' ticket in another county. I was put in the backseat of the squad car. The officer then searched my entire car: front seat, passenger seat, backseat, center console, glove compartment, and truck.Can the arresting officer search my car? I was no threat to the officers safety. I have no history with drugs or alcohol. There was no drugs or alcohol; nor was there evidence of drugs or alcohol. I believe my right have been violated. How strong of a case do I have.


Asked on 12/31/10, 12:37 pm

2 Answers from Attorneys
Landon Ascheman Ascheman Law

When there is an arrest after a traffic stop, and there is nobody else present to drive the vehicle, officers are allowed to do several types of searches.

One type of search is a search of the immediate vicinity of the individual arrested. This would allow the officer to search the immediate area around the driver seat.

Another search that is fairly common is a vehicle inventory if the vehicle is being towed. Although they should be doing an actual inventory search as opposed to a general search, they can generally get away with the general search by claiming that any evidence obtained was going to be discovered anyway.

Despite... (and in some ways due to...) the fact that nothing incriminating was found, I do not believe you have any cause of action in this situation.

This information is general in nature. You should not rely on this information as legal advice, as each case is unique. This information does not create an attorney-client relationship. If you are in need of legal advice concerning a particular matter, you are encouraged to contact us at your earliest convenience.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

http://www.AschemanSmith.com

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Answered on 1/05/11, 1:23 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

An inventory search is necessary if you are arrested and the car will be towed. That is the likely explanation that will be given to support the search. Since you had an outstanding warrant, it was necessary to tow the vehicle when you were taken into custody.

For a consultation call 612.240.8005.

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Answered on 1/05/11, 6:34 pm


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