The Fourth Amendment to the Constitution generally requires police to obtain a search warrant. Automobiles, because they are subject to being taken away (and potential evidence lost or destroyed) fall into a special category. The answer to this question depends upon the particular facts of the case. As a Virginia criminal defense attorney I have seen this issue arise many times in many differing ways. If the driver and occupants have been asked by police to step out of the car the police may search the car for drugs under three circumstances: 1) withthe voluntary consent to search given by the owner or the person in control of the car; 2) if drugs or drug related paraphernalia is in plain view of the officers; or 3) incident to a lawful arrest of the driver or person in control of the car and the search is reasonably related to the investigation of the crime for which the arrest was made. If the car has been abandoned along a public highway and poses a hazard to public safety the police may have the car towed away. In most cases when this occurs, the police will do a search of the car to inventory its contents. Inventory searches in such cases are an example of the

Is it illegal to search an unoccupied car for drugs in Virginia?

 

A:

The Fourth Amendment to the Constitution generally requires police to obtain a search warrant. Automobiles, because they are subject to being taken away (and potential evidence lost or destroyed) fall into a special category. The answer to this question depends upon the particular facts of the case.

As a Virginia criminal defense attorney I have seen this issue arise many times in many differing ways.

If the driver and occupants have been asked by police to step out of the car the police may search the car for drugs under three circumstances: 1) with the voluntary consent to search  given by the owner or the person in control of the car; 2) if drugs or drug related paraphernalia is in plain view of the officers; or 3) incident to a lawful arrest of the driver or person in control of the car and the search is reasonably related to the investigation of the crime for which the arrest was made.

If the car has been abandoned along a public highway and poses a hazard to public safety the police may have the car towed away. In most cases when this occurs, the police will do a search of the car to inventory its contents. Inventory searches in such cases are an example of the "community caretaker" exception to the search warrant requirement.




Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.



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