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Can a Police Officer Search My Car Without Owner Present?
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45+ Years Criminal Defense

Experience in California

Can a police officer search my car without the owner of the car present?

A police officer can search a car, so long as the officer has probable cause. It does not matter who owns the car or if the owner is not present. However, if the police officer does not have probable cause the police officer must get consent from the driver or the owner of the vehicle. Even if the driver does not own the vehicle, the driver’s consent is enough to allow the police officer to search the car, since the driver has the apparent authority to give consent.


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