If you are pulled over and arrested for DUI are the officers able to look through personal belongings in your vehicle?

Asked on
Sunday, Mar 31, 2013

I got pulled over for and was arrested and then the officer started going through everything in my car: the trunk, glove box and compartment between the front seats. Can he legally do this?

Answers

Medium photo

Apr 06, 2013
Contact

Mr. Kennedy is correct, this analysis is very fact specific. The answer used to be generally yes, but a recent US Supreme Court case restricted this type of search in many cases. If you were arrested for something the police found in such a search, you should consult a criminal attorney.

Medium photo

Apr 01, 2013
Contact

Generally speaking if you are lawfully arrested while driving a car, the passenger compartment of the car may be searched incident to that arrest [so long as the car is still within your lunging distance at time of arrest], and any portion of the car may be searched for which the officer has probable cause. Not knowing more about your matter than you have given, that is the most that can be said on the topic at this point.