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by fourk
5367 days ago
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Is a warrant required to search a vehicle during an impoundment? During a routine traffic stop, a warrant, permission, or probable cause is required to search a vehicle. Doesn't this ruling set the precedent that if and only if the police would be legally allowed to search a vehicle, they may search a phone contained within that vehicle? (IANAL) |
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However, in South Dakota v. Opperman (http://supreme.justia.com/us/428/364/case.html) the court upheld that police may search and inventory a car without a warrant, even though the car was impounded for parking violations and not on suspicion of drug offenses (as it turned out was the case). I would conclude, therefore, that a car impounded during an arrest can definitely be searched.