At Chambers Law Firm we deal with clients who are facing a wide range of criminal charges and have endured many types of searches, interrogations, and seizures. Often we are asked: Was the search of my car legal? This is not an easy “yes” or “no” question. It all depends on the circumstances. Keep reading to learn more about the complications of this situation and then contact Chambers Law Firm at 714-760-4088 if you need a free legal consultation with a criminal defense attorney.
It is True that Vehicles Have Less Protection from Searches than Your Home
A car is your individual personal property but it does not have the same protections your home has. For example, when you consider the requirements to get a search warrant for a home, there is actually an exception that gives police the right to search your vehicle if they have what is considered reasonable cause to do so. Certainly, if the officer has a search warrant to search your car then they have the authority to do so.
Note that this all comes down to “probable cause.” The police cannot simply have a hunch that there is something illegal in your vehicle or that there is some type of evidence. Even if they have a reason to pull you over, such as a broken taillight, that does not necessarily give them the right to search your car.
What Exactly is Probable Cause?
As the phrase implies, probable cause is something that gives the officer evidence that there is a reason for them to search your car. For example, if they smelled alcohol or drugs in the car, or if they looked in the window and a saw a gun, then they could use that as probable cause. If they believe they are searching a vehicle for their own protection (such as to find a gun) then they can search a vehicle.
What to Do if an Officer Asks to Search Your Car
It often happens than officer will ask a suspect if they can search the car. You are not required by law to agree to allow the officer to search your car. If you do not give permission, you and your passengers should exit the car unless the officer has explicitly told you to stay in the vehicle. If the officer attempts to search the car even though you did not grant permission, do not get in their way. If they truly did not have permission, and there was no probable cause, then any evidence they found will be inadmissible.
Call a Criminal Defense Attorney if the Police Ask to Search Your Car
Unless you are under arrest, you have the legal right to contact an attorney before giving permission to the police for them to search your car. Call Chambers Law Firm at 714-760-4088 right away and we can offer a free legal consultation.
