To answer this question and a host of others that I will address in the days to come, let’s start with a quote from the United States Constitution – Fourth Amendment:

The right of persons to the security of their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and court orders shall not be issued, except for probable cause, supported by oath or affirmation, and particularly describing the place that must be searched and the persons or things that must be apprehended.

Now, that language is pretty heavy and definitely not written in the plain language that each of us speak on a daily basis, so let me rephrase it in a way that’s more readable and understandable:

A person, his house, his documentation and his personal property will not be registered or possessed with an unreasonable purpose (by the Government). In addition, a court order is required and can only be issued if probable cause is presented before a judge supported by someone who cares about the truth of your statement, and the affidavit must specifically describe the location to be searched and the person or things to be taken.

So, to address this question, I draw on my experience as a former police officer and criminal defense attorney. Let me start by describing a scenario that each of us witness on an almost daily basis. You are driving on the freeway and you see a car stopped on the shoulder of a road and behind it is a black and white car with red and blue flashing lights. An officer is standing at the window of the vehicle, speaking to the Driver, who is the sole occupant. The officer tells the Driver that he wants to search the vehicle. What happens from here?

The general rule: An officer may stop and drive a car if he has a reasonable and articulate suspicion that the motorist has violated a traffic law. Once the vehicle has stopped on the side of the road, the Fourth Amendment allows the officer to search the interior of the vehicle by looking through the windows; This is the “plain sight” or “plain sight” rule that has been developed in case law and is part of the “automobile exception” to the 4th Amendment warrant requirement.

However, the trunk of a vehicle may not be searched unless the officer has probable cause to believe that it contains contraband or the instrument of criminal activity, and similarly, the officer may not inspect locked containers or a locked glove box. locked unless it presents the type of probable cause. When the vehicle is seized, its contents can be inventoried without a court order, including the contents of the trunk and the containers inside.

The rationale for allowing warrantless car searches is that the mobility of cars would allow drivers to get away with incriminating evidence in the time it would take police to obtain a search warrant. The Court has held that a person expects less privacy in a car than at home, and when you think about it, this is reasonable: you are driving down the road in a vehicle that anyone, not just an officer, can look through the windows and see what’s inside.

As the driver of the vehicle, you can do a couple of things:

1) Consent to search, if you have absolutely nothing to hide or hide in the vehicle and want to speed up the process; Prayed

2) Refusing to allow the officer to search the vehicle.

If you choose to deny the officer’s registration request, you should ask the officer if you are under arrest and, if not, why you want to search your vehicle. However, the officer may not give you a complete answer as to why he is requesting to search the space. Denying an officer’s search request is not an admission of guilt, although the officer may tell you that if he has nothing to hide he should allow the search.

The officer may insist on searching your car. He clearly states, “I do not consent to this search,” but follow the officer’s instructions. He repeats repeatedly, but politely and firmly, that he is not consenting to the search, since the likelihood that the statement will be recorded is high, at least according to the policies of most departments. This recording will be invaluable in a subsequent legal proceeding, should it arise. But no matter what he does, don’t interfere with the search and don’t touch the officer, as either action is likely to arrest him.

Also, the officer can place you in the police car or even handcuff you and have you sit on the sidewalk while they search. Again, this does not mean that he is under arrest, but it is likely to be labeled as an “officer security” tactic. This typically occurs if there is only one officer and multiple occupants in a vehicle or if the officer knows that backup is not nearby. If the officer handcuffs you, DO NOT RESIST and provide a reason for the arrest.

Another situation that can arise is that an officer orders the occupants to get out of a vehicle because he is going to search it. This type of search is based on probable cause. For example, if the officer approaches a vehicle and smells what “training and experience” tells him is marijuana or another illegal substance, he does not have to obtain consent to search the vehicle. However, the officer can ask for consent because then there is little room to challenge the search later, except if it is claimed that the search was not voluntary or freely given… that is, the search was under duress. In this situation, even if he refuses to consent, the officer can still search the vehicle. Again, if this happens, don’t resist and don’t create trouble. You can always challenge the record in court and the more cooperative you have been (in following the instructions), the better result you can get later.

The information in this article is not specific to any state and if you discover that you or your vehicle or property has been searched or seized, you should contact a criminal defense attorney without delay if you believe your rights may have been violated. A good defense attorney will be able to answer your questions about what happened and determine if you have a valid claim or case. And it is very important that you tell your lawyer what happened as quickly as possible, especially if you are facing criminal charges as a result of the search, as evidence found as a result of an illegal search will likely be excluded from any proceedings. against you.