If you are pulled over by the police, they may ask to search your vehicle. A vehicle search allows the police to collect evidence that could incriminate you. Thankfully, you have legal rights against vehicle searches under the Fourth Amendment.
The Fourth Amendment protects you from unreasonable search and seizures. This means that the police cannot search your car for just any reason.
4 reasons the police can lawfully conduct a search
There are a few circumstances under which the police can legally search your vehicle, including the following:
- Permission: You may voluntarily give the police permission to search your vehicle. However, this may unknowingly lead to an arrest.
- Search warrant: The police can obtain a warrant from a judge to conduct a search. However, this warrant typically only authorizes the police to conduct a search at a specific place and time.
- Plain view: The police may see evidence in a vehicle, such as a weapon, drugs or an open bottle of alcohol. This could give the police the right to investigate a vehicle to find further evidence of a crime.
- Legal arrest: If the police have performed a legal arrest, then they may have the legal right to search a vehicle for further evidence.
If the police have violated your legal right during a vehicle search, you may have grounds upon which to mount a strong legal defense. A violation of the Fourth Amendment may allow you to challenge the evidence collected during a criminal trial. The evidence could be suppressed and charges could be dismissed, protecting you from serious criminal charges.