Just about everyone gets nervous when the police pull them over for a traffic stop, even if they have no reason to worry. A simple traffic stop for a minor infraction is a common occurrence, but what happens if the police want to search your vehicle? Many people wonder whether law enforcement has the right to search their car without a search warrant. It is helpful to understand your rights if that situation occurs.
The short answer is that police generally have the right to search your vehicle without a search warrant if they have probable cause to do so. Probable cause simply means that the officer has reason to believe that there is evidence of a crime inside your vehicle. However, the police must have an appropriate basis for probable cause.
The general idea is that when you drive a vehicle on public roads you have a low expectation of privacy and there is a duty for public safety. Therefore, the police may have a right to search your vehicle. If the search was conducted illegally, any evidence that was found as a result may not be used in your case. A knowledgeable Brevard County criminal defense attorney will review the details of the search and vigorously defend the charges.
The police are only allowed to search in places where the alleged contraband may be located. For example, if the police have probable cause to believe that drugs are in your vehicle, they may search in any areas where drugs could possibly be located. This may include areas such as the glove compartment or center console, under the seats, and inside backpacks and purses.
If the police believe that a crime was committed with a shotgun, they are not allowed to search the glove compartment because the weapon would not fit inside. It is important to note that the police can search anything in the vehicle regardless of whether it belongs to you or not.
Obtaining a Search Warrant
The police may ask you whether you consent to a search of your vehicle. This is usually a no-win situation because if the police are asking you, they already likely feel they have probable cause to search. They can, however, obtain a search warrant if they choose. A search warrant requires a judge’s approval, which will not usually happen during the short time involved in a basic traffic stop.
In that case, state law allows the police to search the vehicle if they claim they do not have the time necessary to obtain a search warrant. This situation has occurred and the U.S. Supreme Court allowed the search as legal. The courts have determined that the same rules apply to trucks and motor homes as long as the motor home was not permanently situated.
If you have any type of contraband in your possession, it is wise not to keep it in your vehicle or on your person. However, if you have been charged with a crime based on a search of your vehicle, you need to defend yourself against the charges with help from an experienced criminal defense attorney. Contact Henderson Legal Group today to discuss the details of your case and get the help you need.