Despite the subtle nuances of privacy interests and constitutional guarantees, most individual rights are nullified by legal technicalities. If the police are able to initiate an arrest, which is allowed for any offense —even traffic tickets — then the vehicle can be impounded and inventoried. The purpose of the inventory is to protect the vehicle owner against theft, but the result is the same — bridled unbridled police authority. If the police discovers stolen items or illegal substances during an inventory search, additional criminal charges can be filed against the vehicle owners or occupants. Constitutional protection hinges on the level of intrusiveness.
For instance, if the officer inspects every piece of paper in a wallet, I is most likely an unconstitutional infringement. Similarly, if the officer searches every compartment of a purse, a constitutional challenge may be available. Since constitutional rights are specific to a particular case, no all-inclusive rule can provide assurances so consult an attorney to discuss the ramifications of questionable police searches.
If you have been arrested and charged with a crime, contact a Sacramento DUI lawyer Richard Allaye Chan Jr. for free consultation. Call (916) 446-4400 today.
Allaye Chan Law – Criminal Defense
1000 G Street, Suite 220
Sacramento, CA 95814
(916) 446-4400
