Summary
In California, police generally need a warrant for a second search unless theres probable cause or your consent. Without a valid reason, a second search without a warrant could be considered illegal. You have the right to refuse. Its good to document the condition of the vehicle after the first search and before you cleaned it. Consulting with a lawyer can ensure your rights are protected.Full Conversation
Family memeber charged with assault with fire arm and police informed my vehicle was seen leaving scene. Vehicle was searched and returned back to me. Police want to search vehicle again.
Did you give consent for the first search and have you been provided with a search warrant for the second search?
I gave consent the first time, was told nothing found and could have vehicle back. No search warrant issues the second time.
What is your location, ****? The rules regarding consent to search and search warrants can vary by state.
Susanville, Ca
Do you have legal representation? In California, police generally need a warrant for a second search unless there's probable cause or your consent.
Not at this time
What is the reason the police gave for wanting to search your vehicle again?
General Information:
- In California, without a warrant, consent, or probable cause, a second search may be illegal.
- Susanville Courthouse: * Riverside Dr, Susanville, CA *, Phone: (*) *-*.
They didn't give a reason. Just requested a second search after family member turn self in on remy warrant for person of interest.
In California, without a valid reason, a second search without a warrant could be considered illegal. You have the right to refuse.
I have already refused. I cleaned car due to the mess that was left after search. I was asked why i was cleaning vehicle. I just wanted to make sure im not in any trouble being i refused consent for second search and cleaned vehicle after they release back to me.
Did the police provide any documentation or receipt after the first search?
No, vehicle was found parked in CHP office, keys in vehicle. They asked to search i said yes. They called within * hrs said they left vehicle in location and i could pick up. Nothing was found in vehicle. I went to police station got keys was told again nothing found and could take home. I have had vehicle for over * weeks now
Did you document the condition of the vehicle after the first search and before you cleaned it?
I took pictures of vehicle before family memeber borrowed, and after they search it and released it to me
That's good. Having photographic evidence can be helpful. Have you considered consulting with a lawyer to ensure your rights are protected?