Search of a Vehicle: The Owner's Consent Is Required

The Criminal Division of the Court of Cassation held that, in the context of a preliminary investigation, investigators must obtain the consent of the vehicle's owner or driver, just as they would for a house search. Conducting a search without authorization constitutes an invasion of privacy.

However, since the intrusion is less severe than in the case of a home search, a vehicle search carried out without consent can only be declared null and void if the person concerned demonstrates that they have suffered actual harm.