Under what circumstances are the police allowed to search your trunk?

They can search the trunk

-with consent of the driver or owner

-with probable cause

-incident to an arrest if they have reason to believe there is evidence in the trunk

-as part of an inventory if the car is towed.

The ramifications of an illegal search is any evidence can not be used against you in court. If you have actual damages that arise from the search, you can file a lawsuit.

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Since you were not there, you don't know what really happened do you?

You said suspected DUI, what were the results, was he or wasn't he?

Suspected means he was driving as if he may have been under the influence, so that makes the trunk search legal.

Search was legal because of the probable cause of the stop

This is standard procedure for a DUI arrest. Yes they can search every nook and cranny of the car in this case, and for multiple reasons.

1. He was placed under arrest for DUI. Once under arrest, the police can search the car

2. Even if he was not arrested, the police still have probable cause to search the car because of the suspected DUI

3. If he was arrested for DUI, the car is impounded. During this process the police are legally bound to inventory the entire car down to every last piece of gum and penny under the seat. Failure to do so can open them up to huge lawsuits (hey, my 3000 dollar sound system in the trunk is gone... without an inventory, the police department has no way of proving there was no sound system to begin with)

Anytime the police suspect illegal activity, they have the right to search a trunk (or any other part of the vehicle). ANY traffic violation constitutes illegal activity. This is usually in the legal "boilerplate" of the forms you sign when you receive your drivers license.

Also, suspected DUI constitutes probable cause for a search of a person AND their vehicle.

The same thing happened to me when I was 18. I wasn't drunk nor was I or anyone with me in the vehicle. None of us had been drinking or smoking marijuana. We were told we were pulled over because of 'Suspicious Activity'. We didn't give the officers a hard time and they said that they smelled Marijuana in my car and asked if they could search it. First the car I was driving was my moms and it smelled like perfume (They were 'Desperately Fishing'). Secondly I had my criminal justice text books in the back seat. It was my 18th birthday and we were going to dinner to celebrate. I could have been a smart *** and told them they can't search the car without a warrant (Including the trunk). But a friend of mine been through the same thing (In the same town) and denied them a search and they towed his car so being it wasn't my car and I wasn't hiding anything I let them search it but they didn't search the trunk (They said they needed a warrant). Of course when they found nothing they let us go and we were on our way and we weren't charged with anything. If I knew then what I knew now I would of done things much differently but again it wasn't my car, I didn't want to spoil my birthday or go through the trouble my friend went through. If you consent to a search they can search any part of your vehicle where your consent is given and no warrant is needed.

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If they suspect he was drinking, they can search the vehicle for alcohol (or any other illegal substances). More than likely he was asked if they could check...usually (I think) they ask first. If they're refused access, then the car can (possibly) be impounded and checked there (but again, I'm not 100% sure about that)

From what you told me they couldn't have searched his trunk. They had no probable cause unless your friend was drunk but if he wasn't then they couldn't have seached his trunk. But even if he was they still had no probable cause because there was no alcohol in plain view. This is an illegal search.

They can do it if they need to investigate it for evidence, or with the driver or owner's consent, if part of the car is towed or even a likely cause.