Criminal Law

questions & answers

Question: can they search my car when they tow it for driving on suspended license without putting me under arrest?

Answer:

In general the 4th amendment protects you from unlawful search and seizures.  An unlawful search and seizure is normally considered one without a search warrant, but there are exceptions.
 
See ARS 13-3925
http://azleg.gov/FormatDocument.asp?inDoc=/ars/13/03925.htm&Title=13&DocType=ARS

An officer may search your vehicle without a warrant should the officer have probable cause to do so.  The searches should be limited to portions of the vehicle where it is reasonable for a suspected item to be.  In situations where an entire car is searched, normally a search warrant is required.  It may be wise to consult with an attorney in regards to your specific situation to see if an illegal search and seizure took place.

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  • can they search my car when they tow it for driving on suspended license without putting me under arrest?

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