If you get pulled over by law enforcement and your car is searched for drugs, it is important that you understand your rights and the times when the police can or cannot legally search your vehicle. It is crucial that you protect your legal rights both during a search and when facing criminal charges for drug possession. Work with a Tehama County drug crimes lawyer for more information and skilled representation during your case.
What Are My Rights if My Car is Searched for Drugs?
If your car is searched for drugs, you have several rights afforded to you. Under the Fourth Amendment of the United States Constitution, individuals in the United States are protected from unreasonable searches and seizures of their property, including motor vehicles. Because of this law, no government authority can search or take possession of your property without a valid search warrant or reasonable cause.
Are There Exceptions to the Fourth Amendment?
It is important to understand that there are several exceptions to the rights allowed in the Fourth Amendment. Consider the following.
- Probable cause: Police can search your car for drugs without a warrant if they have probable cause to believe that the vehicle contains evidence of an illicit substance. Probable cause means a reasonable belief based on facts and circumstances that a crime has been committed. For example, they can search your vehicle without a warrant if they observe what looks like drugs in plain view or smell an illegal substance.
- Consent: Law enforcement could search your vehicle without a warrant if you give them permission. A police officer may ask to search your car and it is crucial that you understand that you have the right to refuse. Be polite but firm and state that you do not consent to the search. If you do consent, however, the search will be considered legal and anything they find can be used against you.
- Plain view: Officers may also search your vehicle if they spot an illicit substance in plain view from outside of the car. Looking inside is not illegal so if they see a bag of drugs on your dashboard or in your center console, they may be able to seize it without needing a warrant or permission.
- Inventory search: Police may also conduct what is known as an inventory search if your car is impounded. These types of searches are permitted to record the items in the vehicle for safekeeping and public safety.
If you find yourself in a situation where the police want to search your vehicle it is important to remember your rights and how to exercise them. Do not consent to a search unless the officer has a valid warrant, probable cause, or if you choose to allow them to do so. Even with a warrant, you also have the right to ask why law enforcement is searching your car. To learn more about your legal rights and options, reach out to a skilled attorney today.
