Can The Police Search Your Car When They’ve Stopped You On Suspicion Of DUI?
Some things on the road might not go as you expect. Being pulled over by the police on the suspicion of driving under the influence of alcohol or any other substance might be one such situation. However, getting stopped on DUI checkpoints might not be so surprising. As a routine exercise on these checkpoints, officers on duty can request your driver’s license and registration for validation purposes. But if an officer shows interest in searching your vehicle instead, that should be a matter of concern to you. The question you might ask yourself is whether you are legally bound to allow a search or not. And actually, the answer depends on a few things, as explored below by a prominent DUI law firm.
Importance Of The Fourth Amendment When Being Searched
There is a provision for the protection of the general public against unreasonable searches and seizures in the United States Constitution. The Fourth Amendment has been in place strictly for this. And this is equally applicable to your personal vehicle as well. As such, when conditions permit, you might opt to refuse a search request for your vehicle. A polite denial to an officer with a reminder of your rights might just end the issue then and there.
But there are alternate circumstances when the police will have authority to conduct a search on your vehicle. Hence, knowing these circumstances become extremely crucial for you to exercise your rights well.
Conditions For Lawful Police Searches On Your Vehicle
A search warrant empowers law authority to search your vehicle irrespective of your willingness. It is issued by a judge to the police when convinced of any wrongdoing. On the other hand, the police have to submit enough evidence that might strongly imply a crime that has or will occur. However, it is not the only condition that allows the police to conduct a search of your vehicle. Other circumstances that might allow them the same permissions include:
- When “Plain View” Situations Give Them More Cause
The police might be suspicious of your involvement in a crime through evidence in plain view. This can refer to anything they might see, hear or smell as evidence. If they succeed in establishing the same, they can search you and your vehicle without any valid warrant. However, the catch here is that an officer has to demonstrate and prove the legitimacy of such a search to the judge. Failing this, any evidence collected during a search might not be used against you for further proceedings in the court of law.
- When They Need To Protect Themselves
Situations may arise when policemen find themselves being threatened. This is when they can search your vehicle without a valid warrant. If a police officer is certain that you are in possession of a hidden weapon while driving, such a situation may arise.
- When They Have Already Impounded Your Car
If your vehicle has been already impounded, the police have every right to search it through. This however does not mean that they can impound your car for the sole purpose of a search.
- When They Have Received Your Consent
As mentioned at the start, you might be pulled over by the police occasionally at DUI checkpoints. They may also want to search your vehicle on the spot. At this point in time, if they receive your consent then they are allowed to go ahead with the same. As such, understanding your rights under the Fourth Amendment of the US Constitution becomes vital. You might want to deny such a search when you know the available options to you legally.
- When They Arrest You Lawfully
Under the “automobile exception” derived from the outcomes of a case named Arizona v. Gant, the police may be authorized to search your vehicle. According to this exception, if the police have probable cause on you for committing a crime then they have every right to make an arrest and search your car as well. This implies their reasonable belief that there might be evidence relevant to the crime in your car.
Fortunately enough, if you find yourself in a search situation where none of the above conditions hold good, you are not bound to consent to a search. You may want to inform a concerned officer of the law that you do not consent to the search of your car. A wiser option for you might be to request a lawyer and abstain from answering any questions the police might ask. Speaking to a qualified attorney before talking to the police can be crucial. Being said that, you should not try preventing the officers from searching your car though. This might not be right and can work against you, irrespective of your temptations to do so. And if the search turns out to be illegitimate at the end, any evidence if collected will not be admissible in the court anyway. This might become a pressing point for your attorney in your favor if the case goes into further legal proceedings in court.
Dealing With An Officer During A Search
To start with, make it a habit to keep your driver’s license, car registration, and insurance information in an easily accessible spot inside your car. So when an officer asks to display these documents for validation, you should be ready in an instant. Any fluster while searching for your own car documents might reaffirm to an officer that you are impaired or under influence. Officers might also ask you if you have been drinking or have drugs on you. But the thing to know is that you are not under any obligation to answer such queries. Any wrong answer may otherwise lead to a search of your vehicle.
Some police officers might still proceed with a vehicle search without any probable cause. In such situations, it might be better to allow them to go ahead. An unlawful search can always be established by your attorney with supporting evidence at the court later. To know more about how we can help you with your case, please visit us at https://arizonacriminalattorney.co/mesa/
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