When can the police search my car?

All Americans have constitutional rights that protect their freedom. These rights also protect us from unlawful searches and seizures. Law enforcement can only search your car under specific circumstances, for example. Like your house, your car is also your property and like your house, police officers need a search warrant to search your car also, so they either need a search warrant or your consent.

Being Polite and Courteous

However, there are certain situations where law enforcement officers may go ahead and raid/search your car without your permission or a judge issued search warrant. As per criminal defense lawyers, it is prudent not to oblige or give permission to law enforcement officers when they request permission to search your car. The best thing is to reject their request politely. Say something like “I am not comfortable with that officer” or “I’d rather you not officer”.

Remember that if you do consent to the search, then all and any evidence found within your car may be used in court even though there was no probable cause. It’s almost like you shot yourself in the foot.

Here are a few situations in which such uncontested searches are deemed legal and your criminal defense attorney will let you know all about this if there is an issue. If this is a DUI situation and you want more information on this matter and you need to speak to a DUI lawyer, press right here.

Evidence in Plain Sight

In cases where a law enforcement officer is standing outside but is yet able to see something (contraband, weapons, etc.) lying on the dashboard or the seat though the window\windshield then the law enforcement officer automatically can legally search your person and your car and any passengers that were inside the car at that time.

Probable cause that a Crime has been Committed

This is another situation in which a law enforcement officer can go ahead and search your car without your due permission or a search warrant. When the officer has reasonable cause to suspect that you have committed a crime or is concealing something illegal within the car he has the right to conduct a search. However, a gut feeling or a hunch does not qualify as probable cause.

In such situations, make sure to exercise your right to remain silent. The officer may attempt to ask you questions which will effectively corner you into admitting something that will allow him to search your car. Therefore, criminal defense lawyers recommend that anyone stay quiet and direct all questions to lawyers if faced with such a line of interrogation. It must be emphasized that anything you say or do can and will be used against you in a court of law.

After an Arrest

Once a suspect has been placed under arrest then law enforcement officers may proceed to legally and lawfully pat down the person’s body and also search their car for possible evidence.

Fighting with the police will get you no where fast. Talking back and mouthing off makes very little sense. But sometimes the police are combative as well and make mistakes. This is where https://usattorneys.com/ comes into the picture. You have rights too! This is not Cuba or Russia. If the police are rude to you, do not reciprocate that. Get on that site when this situation is over with and talk to a criminal defense lawyer about this. They will know what to do.  

Safety of the Law Enforcement Officer

As per criminal defense lawyers, an officer can go ahead and search your car if and when he has reasonable cause to believe that his safety is at risk. Yet again, this cause needs to be rational and cannot be a hunch or a gut feeling.