If you are pulled over by the police, the last thing you may expect when you move to the shoulder of the road is to end up in handcuffs while the police search your car for drugs. Unfortunately, many are unaware of their rights when the police want to conduct a vehicle search, so familiarizing yourself with them is critical to protecting your best interest. The following blog explores what you should know about police searches of your property, what your rights during these times are, and how a Sacramento criminal defense lawyer can help you if your rights have been violated or you’re facing a possession charge.
Why Might I Be Subjected to a Vehicle Search?
If you are pulled over by the police, it is because they have reasonable suspicion that a law has been broken. For example, if you run a stop sign or speed, they would have a reason to initiate the traffic search. However, having reasonable suspicion alone is not enough to warrant a search of your vehicle.
In order to conduct a property search, the police need your consent, a warrant signed by a judge, or probable cause. Probable cause is a legal standard that allows the police to initiate a search without consent or a warrant because they have enough evidence to believe that a crime has occurred. For example, if the officer sees drug paraphernalia inside of your car in plain view, it would be enough to warrant searching your car for controlled substances. However, if they have no reason to believe there is anything illegal or incriminating in your car, they cannot conduct the search.
Do I Have Rights During This Process?
One of the most important things to remember if you are stopped while driving by a police officer is that you have protection from unreasonable searches and seizures under the Fourth Amendment of the United States Constitution. As such, if the police do not have a warrant or probable cause to search your vehicle, you do not and should not consent to a search.
Many make the mistake of assuming that since they have nothing to hide, a search can end their interaction. However, there have been instances of police planting evidence in vehicles, so denying a search can help prevent this. It’s also important to understand that you are also well within your right to film your interaction with the police. This can help if you do not consent to a search but the police conduct one regardless.
In the event that the police conduct an illegal search of your vehicle, connecting with an experienced attorney is imperative. Your lawyer can fight to have the evidence collected in this search deemed inadmissible in court as it was collected through a violation of your constitutional rights. If granted, having this evidence excluded can weaken the prosecution’s case against you.
When you are subjected to an unconstitutional search or a search of your vehicle results in a drug possession charge, ensuring you connect with the team at the Law Offices of Dale R. Gomes is imperative. We understand the impact these matters can have on your life which is why we will explore all possible avenues to help you fight for the best possible outcome. Connect with us today to learn how we can fight for you during these overwhelming legal matters.