Have you ever been pulled over by a police officer? It can be an intimidating scenario. Imagine the officer explaining that you have been pulled over for speeding, asking for your license and registration, and then asking to search your vehicle. Do you have to consent?
Our Fourth Amendment protects against unlawful search and seizure and prohibits police to arbitrarily search your vehicle.
Circumstances in Which Police Can Search Your Vehicle
Not all vehicle searches must be done with a lawfully executed warrant. A police officer can search a vehicle without a warrant or driver’s consent under Florida law if:
- The officer has probable cause to believe the car has illegal drugs or contraband.
- Someone in the car is arrested and searching the vehicle is related to the arrest.
- The officer believes searching the car is necessary for their protection.
- The officer believes there is evidence of a crime in the vehicle.
- The officer possesses a reasonable suspicion the driver has violated a traffic law, and an altercation ensues, the officer may search the vehicle prior to arresting the driver.
Courts give police more leeway when it pertains to vehicle searches than residential searches because the ‘automobile exemption’ recognizes that citizens have lower expectations of privacy when driving a car than when they are in their home.
Impounded Cars Can Be Searched Without a Warrant
If a car has been towed and impounded for any reason, no matter how serious, authorities have the authority to search the vehicle. Any locked compartments or boxes found in the vehicle can be searched.
It is important to note that police must follow strict procedures to tow and impound a vehicle and can’t tow and impound a vehicle for the sole purpose of searching it.
It is crucial for drivers to realize that if they do not consent to a vehicle search, an officer can’t search their vehicle without probable cause. Probable cause is required by the officer to search a vehicle. Probable cause means that an officer must see that there are drugs or illegal contraband in plain view in the vehicle to search.
Being asked to have your car searched is a scary and intimidating situation. If you or a loved one have been subject to an illegal car search request, contact Ronald Chapman. It is essential never to make statements to police until you have consulted with Ronald Chapman or have him present. Ronald Chapman is an experienced criminal defense attorney who can help when you understand your rights and object to an illegal search or can help if you challenge any illegally obtained evidence if were subjected to an unlawful car search.
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.
Visit us at https://justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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