Just because you're pulled over for a traffic violation, doesn't
give police the right to search your vehicle. In order to search your
car, police have to have probable cause. Probable cause is the "reasonable
belief" that a person has committed a crime or that illegal activity
will occur. Some examples of probable cause are illegal items in plain
sight or an admission of guilt.
A traffic violation alonecannot justify your car being searched. Here are a few things you need to know about
What Makes a Search Illegal
First and foremost: Unless an officer has probable cause, your car cannot
be searched without your consent. Refusing a search is not an admission
of guilt. If the officer searches your car without your consent, then
that search is illegal. If you are asked to step out of your car, the
officer may look inside, but without probable cause, the officer cannot
go through your trunk or glove compartment.
You Have the Right to Refuse a Search
The Fourth Amendment protects us from unreasonable search and seizure.
Even if you don't have anything to hide, you don’t have to allow
an officer to search your car. If asked, tell the officer calmly and clearly
that you refuse a warrantless search.
You Have the Right to Remain Silent
Besides asking for your license and registration, the officer might ask
questions like, "Do you know why I pulled you over?" or "Why
are you in such a hurry?". These questions and others like it are
some ways that officers may try to get you admit guilt. Along with being
polite, keep your answers short and non-committal. If an officer asks
you if you know why you were pulled over, answer, "No". You
don’t have to have a friendly chat with an officer. You can simply
say, "I choose not to answer that question". And remember, all
passengers in your car have the same rights.
What Should You Do if Your Car is Illegally Searched?
If your car is searched even after refusal, do not try to physically stop
the officer. Regardless of if anything illegal is found or not, you should
contact your lawyer.
Once you are given your ticket, you don't have to remain with the officer
longer than it takes to write the ticket. Unless youare arrested or detained,
always ask the officer if you are free to go. Do not linger once you're
told that you can leave.
If you were arrested due to evidence seized through an illegal search,
contact us today at The Law Offices of Steven Fine for a free consultation.