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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27644
Experience:  10+ years defending Misdemeanor and Felony cases.
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Is it legal for a officer to search a vehicle without the consent

Customer Question

Is it legal for a officer to search a vehicle without the consent of the owner even when someone else is driving the vehicle in the State of Texas?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.

An officer needs the consent of the driver of the motor vehicle to search it, not the registered owner. If a situation arises where there is contraband located in the vehicle of a borrowed car, which the driver did not have knowledge about, it would be an issue for trial. The owner of the vehicle would need to testify in court as to who the contraband belonged to and that the driver, did not have any knowledge that it was contained in the vehicle.