Generally not anymore. Only under specific narrow circumstances is one required. They do need probable cause however and your question does not contain information to evaluate that. It would be best you consult with an experienced criminal law specialist who you will likely need to represent him anyway.

Answer Applies to: California
Replied: 10/23/2011

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The police needed "probable cause" to stop your son's car; and unless there was probable cause for the stop, the evidence seized during the search (the marijuana) should be suppressed. Even if there was probable cause to stop the car, as a general rule a traffic violation by itself will not justify the search of a vehicle. You should have a lawyer carefully interview your son and review the police report(s) in this matter to see whether or not a motion to suppress the evidence is appropriate.

Answer Applies to: California
Replied: 10/21/2011

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To understand if the search was legal depends on complicated case law. It was legal for the officer to search the car without a warrant if he had probable cause. If the officer saw something that he suspected was illegal and he was in a place where he had a right to be then he had probable cause. Your next step is to consult with an attorney and after he reviews all the facts he can advise you on what to do.

Answer Applies to: California
Replied: 10/21/2011

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Cars have less privacy protection than houses. But the cops still cannot search a car without probable cause to believe something illegal is inside. If they smelled the pot, that is enough to search without a warrant. But they can't search on just a hunch.

Answer Applies to: California
Replied: 10/21/2011

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If there was probable cause, then on a warrant is not required. For example, if the car clearly smelled of MJ, that would be probable cause. Contact an attorney, because MJ cases are relatively minor, and an experienced attorney may be able to obtain a reduction or dismissal in court.

Answer Applies to: California
Replied: 10/21/2011

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Generally speaking yes, but if they have probabe cause have they lawfully pull you over, then they can search the car. i.e. they smelled marijuana.

Answer Applies to: California
Replied: 10/21/2011

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Whether or not the search was legal depends on a number of facts, none of which are mentioned in your post. Storngly suggest you see a competent criminal defense attorney.

Answer Applies to: California
Replied: 10/21/2011

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The basic answer is yes. The government needs a search warrant to search you or your property. This is the protection afforded by the 4th Amendment. However, there are exceptions to the rule. In this case, it sounds like a search incident to a lawful arrest. However, without knowing the detailed facts of this stop, it is not possible to answer with certainty. An experienced attorney should file a Motion to Suppress (Penal Code 1538.5) in court to ascertain if the search was proper.

Answer Applies to: California
Replied: 10/21/2011

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The officers do not need a search warrant if consent was given. However, the government cannot search an individual's car if the owner does not allow them and they do not have a search warrant.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

What were the circumstances surrounding the search - was your son on probation? Why did they stop hm - did he commit a traffic offense? When police stop a driver for speeding or some other legitimate traffic offense they have the right to search the "wing-span" of the vehicle - that is under the driver's seat, under the passenger's seat, the glove box, the are the driver could reach if he had a weapon hidden there. They cannot tear the vehicle apart unless they discover something subsequent to the original stop that gives them probable cause to do so.

Answer Applies to: California
Replied: 10/21/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.