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Did the police officer exceed the scope of the search?

Police officer searched underneath the car to discover drugs on my brother's car. Are there restrictions on where a police officer can search a vehicle? I'm not saying that my brother wasn't wrong in transporting drugs, but I do find it a little odd that they were able to search every inch of that vehicle.

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    Peter Goldscheider | Law Office of Peter F. Goldscheider
    438 Cambridge Ave. Suite 250
    Palo Alto, CA 94306
    (650) 323-8296
    If they have probable cause (and sometimes they need a warrant but not usually) they can search wherever such cause exists to believe drugs are present.
    Answer Applies to: California - Replied: 4/11/2013
    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. First of all, since we do not have all the facts, it is not really possible to answer with complete accuracy. How was the search conducted? Did they have a search warrant? Was there probable cause for the search. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your brother's case. He/she would then be in a better position to analyze his case and advise you of your options.
    Answer Applies to: California - Replied: 4/10/2013
    Terry Nelson | Nelson & Lawless
    2134 Main St., #130
    Huntington Beach, CA 92648
    (714) 960-7584
    Exceed the scope. No, and he will write a report that ensures he had probable cause way above and beyond his general authority to search. They are trained how to write those reports. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential time, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California - Replied: 4/10/2013
    Steven Alpers | Steven Alpers
    39300 Civic Center Drive #110
    Fremont, CA 94538
    (510) 792-5110
    If they had a search warrant or he was on probation with a search condition which included his car they could search wherever they want.
    Answer Applies to: California - Replied: 4/10/2013
    Eric Sterkenburg | Law Office of Eric Sterkenburg
    16478 Beach Boulevard, No. 329
    Westminster, CA 92683
    (562) 477-6940
    Law enforcement officers need a warrant, probable cause, or consent to search. The warrant and consent can specify a limit to the search. Probable cause will be limited only to the limit of the cause.
    Answer Applies to: California - Replied: 4/10/2013
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