If you were arrested because of an item that was hidden within your car, such as an open bottle of alcohol, a stash of drugs, or a firearm, then you may be convicted of a serious possession crime and put in prison for years. Yet if the incriminating evidence was not obtained lawfully, you can go free even if you are guilty of your crime. It is important to be aware of when it is legal for the police to perform a search and seizure of your car and when it is illegal for them to do so. This may be a matter of a guilty conviction or a dismissal.
According to the Fourth Amendment of the Constitution of the United States, it is illegal to perform a search and seizure without a warrant. Most of the time, any search and seizure that was conducted without a warrant can be deemed unlawful and will result in a case dismissal for a defendant who has been arrested. A search warrant authorizes law enforcement to search the particular and specified places that were written into the warrant and look for specific and particular items.
Unfortunately, when it comes to car searches, a warrant is not always required. Typically, search warrants pertain to searching a person's dwelling or their office space. As well, if the police get consent from the defendant to search a particular location, then they can do so without a warrant. You do have the right to deny a search of your home or office space if you do not want the police poking around, but many times this will become a factor that will be incriminating because the police will question why you didn't invite the search. They will typically receive a warrant after this and arrive back at the home.
Arrests can only be made if the law enforcement can prove that they have a probable cause to think that the suspect is guilty of a crime. Once an arrest has been made, then the police have the right to search the body of a person who was arrested for any narcotics or weapons. In addition to searching a person, the police have the right to search a car without warrant for these items if they have a reason to believe that there are illegal substances or stolen goods within the car. The police also have the right to search the trunk.
If the police conduct an illegal search, then the evidence that is gained is not admissible in court. This is called the exclusionary rule. Because car searchers are often legal even without a warrant, most of the time the exclusionary rule does not apply to these cases. Still, the law pertaining to searches and seizures is complicated with plenty of small nuances that make provision for those in special situations. If you have been the victim of a search and seizure, you will want a local criminal defense lawyer on your side to help you determine whether or not your car search was fair.
Even in car searches, there are times that the investigation is not deemed legal. The court will want to evaluated the validity of the police officer's stop of the motorist and determine whether the facts and the circumstances of the stop provide an exception to the warrant requirement. For example, if a police officer stops a motorist for a broken taillight and then proceeds to search the entire car without cause, then the chances are that the suspect will be dismissed from the case because the search was not reasonable. Even if the police discover drugs in the backseat of the car, chances are that the case will not persist. Also, if a car is parked on private property, then the police need a warrant to search it or if there is not exigent circumstances that indicated that there is not enough time to obtain a valid search warrant the police must refrain from doing a search until a warrant is obtained.
Also, if a car is stationary, the police officers don't have the right to approach the car unless they have a reason to do so. For example if the police officer believes he saw a man in a car shooting heroin, they can approach the vehicle to investigate. He cannot approach a vehicle if there is no reason to do so and then proceed to do a search and seizure. Police still have the right to approach a parked car and ask the individuals inside about their activities, but cannot take any legal action against them. If you want more information about lawful searches and seizures, talk to a local criminal defense attorney today!
