When an Officer Searches Your Car
Anyone who regularly drives a vehicle eventually sees a car or truck pulled over by the police.The car trunk or truck cab doors will be open and most the vehicle contents sitting by the side of the road. This is normally a scenario indicating a police officer decided there was probable cause to stop the vehicle followed by a belief a search for illegal drugs or weapons was justified. A defense attorney in Frederick, MD will be very interested in learning what that probable cause was and what procedures the officer followed.
What Constitutes Evidence?
No one enjoys being pulled over by the police. The laws governing vehicle stops and searches seem to change all the time too, so it can be difficult to know what's legal and not legal. When an officer pulls you over and wants to search your car, the first question you probably have is whether or not a vehicle search is allowed without a warrant.
You may not like the answer to that question, because the answer is: It depends.Vehicles are treated differently than houses because your vehicle can be used to escape with evidence before a warrant could be obtained. The warrantless vehicle search is justified if the police believe there is probable cause to do so. For example, if you are intoxicated and arrested on a DUI, the car can be searched.
If you leave something illegal in plain view, the officer is allowed to execute a plain-view seizure. For example, a baggie with unmarked white powder in it that is laying on the car seat may look like cocaine. The police, believing it is drugs, have a legitimate reason to believe a crime is being committed. If the officer seizes the baggie, he or she will want to search the rest of the vehicle. These are the typical types of side-of-the-road searches that you see.
Passengers Have Rights Too
An attorney in Frederick, MD often finds himself representing a passenger in a car or truck. What happens if the driver is stopped, a vehicle search is done, and the police then search the passenger's purse or wallet looking for drugs.Is this legal when the passenger was not driving and there could not have been probable cause to stop the passenger?
The U.S. Supreme Court has ruled that vehicle passengers have the same rights as the drivers. If a defense attorney can prove the police had no right to search the vehicle then they had no right to search the passenger's purse or wallet.
Naturally, each situation must be evaluated as to the particular circumstances. Often, an attorney in Frederick, MD can question a vehicle stop or a search and seizure based on the police procedures used. There is not a single answer that covers every situation as to whether a search is legal. That is why it's critical that you contact an attorney as soon as possible when a legal issue arises.
What Constitutes Evidence?
No one enjoys being pulled over by the police. The laws governing vehicle stops and searches seem to change all the time too, so it can be difficult to know what's legal and not legal. When an officer pulls you over and wants to search your car, the first question you probably have is whether or not a vehicle search is allowed without a warrant.
You may not like the answer to that question, because the answer is: It depends.Vehicles are treated differently than houses because your vehicle can be used to escape with evidence before a warrant could be obtained. The warrantless vehicle search is justified if the police believe there is probable cause to do so. For example, if you are intoxicated and arrested on a DUI, the car can be searched.
If you leave something illegal in plain view, the officer is allowed to execute a plain-view seizure. For example, a baggie with unmarked white powder in it that is laying on the car seat may look like cocaine. The police, believing it is drugs, have a legitimate reason to believe a crime is being committed. If the officer seizes the baggie, he or she will want to search the rest of the vehicle. These are the typical types of side-of-the-road searches that you see.
Passengers Have Rights Too
An attorney in Frederick, MD often finds himself representing a passenger in a car or truck. What happens if the driver is stopped, a vehicle search is done, and the police then search the passenger's purse or wallet looking for drugs.Is this legal when the passenger was not driving and there could not have been probable cause to stop the passenger?
The U.S. Supreme Court has ruled that vehicle passengers have the same rights as the drivers. If a defense attorney can prove the police had no right to search the vehicle then they had no right to search the passenger's purse or wallet.
Naturally, each situation must be evaluated as to the particular circumstances. Often, an attorney in Frederick, MD can question a vehicle stop or a search and seizure based on the police procedures used. There is not a single answer that covers every situation as to whether a search is legal. That is why it's critical that you contact an attorney as soon as possible when a legal issue arises.
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