When Can Police Search Your Vehicle?
There are many factors that can give police the right to search, including if you provide consent. If you agree to let police search your vehicle and they find incriminating evidence against you, they can use it to file charges against you. You are under no obligation to consent to a search of your vehicle. Below, our Indianapolis criminal defense lawyer explains when law enforcement may have the right to search.
Police Can Search with Probable Cause
Generally speaking, the Fourth Amendment protects individuals from unlawful search and seizure. This means that in most cases, law enforcement must obtain court approval before searching your property. However, there is an automobile exception under the amendment. Under this exception, a police officer may search your vehicle if they have probable cause that a crime is being committed or evidence is inside. This is due to the fact that vehicles are mobile, and so, evidence can quickly be destroyed if a suspect, or evidence, is not quickly seized.
Many factors can provide law enforcement officers with probable cause to search your vehicle without a warrant or your consent. These include smelling alcohol on your breath, seeing contraband that is in plain sight, or the target’s voluntary statements.
Other Grounds for a Vehicle Search
In some instances, police have valid grounds to search a vehicle. These include:
- Searches connected to an arrest: If you are arrested for a crime, police officers are allowed to search for evidence and weapons. These searches include your person and area under your immediate control.
- Impoundment: If police tow and impound your vehicle, they are obligated to search the vehicle and document the contents.
- Search warrant: If law enforcement officers can obtain a valid search warrant, this gives them the right to search your vehicle.
Steps to Take if Police Ask to Search Your Car
There are many steps to take if police ask to search your car. They are as follows:
- Say no.
- Ask the officer if they have obtained a warrant.
- Remain polite if police search your vehicle without your consent. Do not argue or stand in the officer’s way. This could lead to charges of resisting arrest.
- Other than providing identification information, do not answer any questions an officer asks about where you were going or what you were doing.
Contact Our Criminal Defense Lawyers in Indianapolis
If you have been charged with an OWI anywhere in the State or any traffic violation in Marion County, our Indianapolis criminal defense lawyers at Rigney Law, LLC can help. Our experienced attorneys can challenge illegal searches and build the strong defense you need to obtain the best possible outcome. Call us today at 317-623-0989 or fill out our online form to schedule a free consultation and to get the legal help you need.
Source:
law.cornell.edu/wex/fourth_amendment