When you are pulled over by the police, the last thing you may expect is for them to ask you to leave your car so they can search the vehicle for controlled substances. If you find yourself in this situation, it’s important to understand what your rights are so you can protect yourself. The following blog explores when a vehicle search may occur and your rights in these matters. Additionally, you’ll discover the importance of working with a Cobb County drug possession lawyer to help you explore your legal options during these matters.
Why Might I Be Subjected to a Vehicle Search?
Under the Fourth Amendment of the United States Constitution, you are protected from unreasonable searches and seizures of your property. As such, if the police or law enforcement wish to search your vehicle for any reason, they cannot do so without consent, a warrant, or reasonable suspicion.
When you are driving, it’s important to understand that the police cannot pull you over for no reason. Instead, they must have probable cause to initiate the traffic stop. Typically, this is because of traffic law violations. However, during this stop, the police may have reason to believe that you are housing drugs or controlled substances in the vehicle. As mentioned, however, the police must obtain consent or have probable cause to search your vehicle without a warrant. Probable cause would include seeing drug paraphernalia on the seat of your car or the strong odor of marijuana coming from the vehicle.
What Are My Rights During This Process?
As mentioned, the police cannot search your vehicle without a warrant signed by a judge, your consent, or probable cause to believe a crime has occurred or there is evidence of criminal activity.
If you are stopped by the police, they may make it seem like you have no choice but to consent to a search, which is far from the truth. If asked, you do not, and should not, allow the police to search your vehicle without a warrant. Even if you have nothing to hide, there have been instances of police planting evidence, like drugs, to warrant an arrest. As such, you should decline.
It’s also important to understand that you are legally allowed to record interactions with the police. If you decline a search of your vehicle, having evidence can help show you did not consent should the police proceed with an illegal search.
If the police conduct a search without your consent, connecting with an experienced attorney is imperative. Your lawyer can fight to have the evidence collected during this unconstitutional search deemed inadmissible in court, as it was collected through a violation of your rights.
As you can see, being subjected to a vehicle search and facing a subsequent arrest can be an incredibly difficult legal matter. That’s why it’s in your best interest to connect with an experienced criminal defense attorney from Miller Law Practice, LLC. We understand how difficult these matters can be, which is why we will do everything possible to assist you during these times. When you need help, our firm is here. Contact us today to learn more.