An officer must have probable cause in order to search your car
Thanks to the protections of the Fourth Amendment, police are not permitted to conduct searches or seizures of your person, property, or vehicle without a warrant or probable cause. It is important to know your rights regarding searches and seizures so that you can exercise them at a DUI checkpoint. Here are some tips that should help.
Police Need Probable Cause
At a DUI checkpoint, a police officer may look into your vehicle from the outside. However, the officer may not open your car doors or trunk for the purposes of searching for evidence of a crime without probable cause. Probable cause must be based on specific evidence of illegal activity, not just an officer’s hunch that something fishy is going on. The officer must be able to explain what he is looking for and why he believes this specific item will be uncovered by a search. Some examples of probable cause at a DUI checkpoint include:
- Open alcohol containers or drug paraphernalia in plain sight
- An obvious smell of drugs or alcohol
- An admission you have been drinking
Never Consent to a Vehicle Search
Often, police will try to get around the issue of probable cause by asking your permission for the search. They won’t necessarily phrase their request in a way that makes it clear you can refuse, but in reality you can and should refuse. Allowing the police to search your vehicle is never a good idea, as you can never be 100 percent sure what they will find. Do not risk providing the police with any evidence against you! Instead, simply state that you do not consent to the search. If the police conduct the search anyway without having your permission or probable cause, your attorney can challenge any evidence they may find and get it thrown out of court.
What if a K9 Unit is Called?
Using a drug-sniffing dog to investigate your vehicle is one major loophole in the law regarding vehicle searches. According to a decision made by the US Supreme Court, walking a drug-sniffing dog around the outside of a vehicle is not an unreasonable search as long as it does not take an “unreasonably long” amount of time. Therefore police do not need probable cause to employ a K9 unit at a DUI checkpoint. If the dog signals that drugs are in your vehicle, this will provide the officers with probable cause for a search.
What if You Get Arrested at a DUI Checkpoint?
If you get arrested at a DUI checkpoint, contact experienced DUI attorney Dan E. Chambers immediately.
