Do The Police Need The Warrant To Search My Vehicle?
The Fourth Amendment to the U.S. Constitution provides legal protection to anyone coming into contact with law enforcement. In fact, the Fourth Amendment is designed to protect anyone against unlawful privacy intrusion by the government. It protects you from any unlawful search and seizure conducted by the law enforcement department. This right will usually come into play when law enforcement stops your car due to a suspicion that you are driving under the influence (DUI), or you have committed a crime. A vehicle search is quite unique under the law. In fact, even if the police don’t have a search warrant, they can search your car under certain circumstances.
Reasons Police Can Search Your Vehicle Without A Warrant
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Giving Consent To The Police To Search Your Vehicle
They can search your vehicle only if you consent to the search. The consent should be voluntary and not as a result of coercion.
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Giving The Police Officer Probable Cause To Search Your Vehicle
If the police have probable cause, they can search your car. Probable cause is defined as an objective justification that the individual may be connected to a crime. On the other hand, if the officer sees drugs, weapons, or contraband substances in your vehicle, they have the right to lawfully search your car.
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Lawful Arrests And Evidence Inside A Vehicle Pertaining To A Crime
If the police are conducting a lawful arrest of an occupant, they have the right to search a vehicle. For example, arresting an individual with a warrant. Such a search could be limited to where the arrestee is within a vehicle. On the other hand, when law enforcement believes that a particular vehicle contains evidence pertaining to a crime.
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Temporarily Detainment
When law enforcement has evidence to prove that an individual is dangerous, they can temporarily detain a vehicle occupant. This is another instance where the police can conduct a lawful vehicle search.
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Inventory Search Of Impounded Vehicle
When motorists drive on a suspended license and vehicles are impounded by law enforcement. Under such circumstances, law enforcement officials have the right to conduct an inventory search. Even though a warrant is not required for law enforcement to search a vehicle, the search should meet certain criteria at all times. That is why you need to investigate all circumstances involved in a stop, investigation, and arrest. The officers involved should have had probable cause for the search and arrest operation.
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Vehicle Search Without Warrant Due To Possession Of Weapons
The police have the right to search your vehicle if there is any reason to believe that you may have possession of a weapon. If the officer believes you may be a harm to anybody, they can search your vehicle without a warrant.
What Is Your Defense Under Such Circumstances?
A Houston DUI attorney is your best defense against unlawful search and seizure. In fact, if the law enforcement establishment fails to abide by the rules and procedures for conducting a lawful search and seizure, they would be violating your Fourth Amendment Right. If this happens, all evidence they collect through an unlawful search is not valid for the case against you. A reliable Houston DUI attorney can help you under such circumstances. He or she can make it exceedingly difficult for the prosecutor to gain a conviction – which will provide the basis for a dismissal of charges.
For more information on Butler Law Firm services, check out our blog or call (713) 236-8744 for immediate assistance.