Can They Do that?

Topics that do not fit anywhere else. Absolutely NO discussions of religion, race, or immigration!

Moderators: carlson1, Charles L. Cotton

Post Reply
User avatar

Topic author
thatguyoverthere
Senior Member
Posts in topic: 1
Posts: 460
Joined: Tue Feb 17, 2015 11:51 pm
Location: Fannin County

Can They Do that?

#1

Post by thatguyoverthere »

So I'm driving down the highway today, and notice a motorcycle cop with his lights flashing, stopped behind a car that is stopped on the side of the road. From a distance, I see the LEO standing next to the car writing on his note pad. The car door is open, but there is no one else in or around the car. Then the LEO leans into the open door of the car, and leans all the way over to the other side inside, apparently searching the interior of the car. As I pass by, I notice a big bright green sticker on the back window of the car, like the ones the LEOs put on cars that are disabled on the side of the road.

So, my assumption is that this was an unattended, disabled car on the side of the road.

My question is - if the assumption is correct - can a LEO legally search the inside of an abandoned car on the side of the road when the owner is not present, presumably without the owner's permission? Just wondering... :confused5
User avatar

Oldgringo
Senior Member
Posts in topic: 1
Posts: 11203
Joined: Sat Mar 08, 2008 10:15 pm
Location: Pineywoods of east Texas

Re: Can They Do that?

#2

Post by Oldgringo »

thatguyoverthere wrote:So I'm driving down the highway today, and notice a motorcycle cop with his lights flashing, stopped behind a car that is stopped on the side of the road. From a distance, I see the LEO standing next to the car writing on his note pad. The car door is open, but there is no one else in or around the car. Then the LEO leans into the open door of the car, and leans all the way over to the other side inside, apparently searching the interior of the car. As I pass by, I notice a big bright green sticker on the back window of the car, like the ones the LEOs put on cars that are disabled on the side of the road.

So, my assumption is that this was an unattended, disabled car on the side of the road.

My question is - if the assumption is correct - can a LEO legally search the inside of an abandoned car on the side of the road when the owner is not present, presumably without the owner's permission? Just wondering... :confused5
Why not? There's no one there to ask, maybe he's looking for the owner's ID?
User avatar

ScottDLS
Senior Member
Posts in topic: 1
Posts: 5052
Joined: Sun Jun 26, 2005 1:04 am
Location: DFW Area, TX

Re: Can They Do that?

#3

Post by ScottDLS »

The car is committing the crime of illegal parking, so the car can be searched incident to arresting it. "rlol"
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"

mayor
Senior Member
Posts in topic: 1
Posts: 660
Joined: Thu Aug 25, 2011 1:47 pm
Location: Wise county - N. of Fort Worth

Re: Can They Do that?

#4

Post by mayor »

ScottDLS wrote:The car is committing the crime of illegal parking, so the car can be searched incident to arresting it. "rlol"
this is pretty funny, but is probably more true than just a humorous statement. :cheers2:
User avatar

Jusme
Senior Member
Posts in topic: 1
Posts: 5350
Joined: Tue Jan 19, 2016 4:23 pm
Location: Johnson County, Texas

Re: Can They Do that?

#5

Post by Jusme »

More than likely the driver may have been arrested, and the officers are doing an inventory on the car before it is towed. And yes, incident that to arrest, opens the vehicle to search including the trunk. They do an inventory and provide the arrestee with a list of everything in the vehicle. SOP
Take away the Second first, and the First is gone in a second :rules: :patriot:
Post Reply

Return to “Off-Topic”