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That depends on how the search began:

  • If a court issued a warrant to search, then no one need be there.
  • If another in charge of the vehicle gave permission to search, then again, no there is no need for the owner or the warrant.
  • If the vehicle was unattended and searched, it is still gray area because of probable cause.

To translate, if probable cause existed; if a warrant was issued, or if 'some person' with 'possession and control' gave permission then the search was legal.

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15y ago

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