Legal Question in Criminal Law in Virginia

Search and Seizure

If the police pull you over and arrest you, do they have the right to search your car once you are placed under arrest? Is there probable cause now that you are placed under arrest?


Asked on 9/27/04, 7:55 pm

2 Answers from Attorneys

Shane Jimison Jimison/Homiller, PLC

Re: Search and Seizure

they can search your car incident to arrest for the most part.

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Answered on 9/27/04, 9:20 pm
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Search and Seizure

First of all, automobiles are not protected to the same extent against search that homes are. The law generally allows plain sight searchs and searchs of any area within the wingspan of a suspect.

Moreover, the officers could have been conducting either of two types of searches. They may have been doing an investigatory search based on some element of probable cause related to your arrest. Or, they might have been conducting an inventory search pursuant to impound. Strangely enough, inventory searchs are given far more latitude than investigatory searchs.

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legal advice and may not be relied upon as such.

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Answered on 9/28/04, 9:11 am


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