Can the Police Just Search my Car?
The short answer is No. They have to have a legal justification in order to search your car. It can’t just be random or a hunch. The United States and Minnesota Constitutions are supposed to safeguard citizens against unlawful search and seizure. While many Americans own automobiles, they may not fully grasp the legal intricacies surrounding police vehicle searches. If you are facing serious criminal charges because of a search of their cars here in Minnesota, make sure you consult with an experienced criminal defense attorney.
“Many criminal charges result from the search of a car. If the search was illegal, no matter what they found, those charges could be dismissed.”
In many instances, law enforcement officers don’t have the rightto search a vehicle without a warrant or some other justification. Nevertheless, unwarranted searches can and do happen. Police officers frequently start this by asking for permission. Unfortunately, they regularly don’t tell you that you can decline that permission nor do they bother to explain why they are doing what they do. At the same time, when they do a search, this can include both the interior of the vehicle and its trunk.
To conduct a search of your home, property, or vehicle, the police must secure a warrant, demonstrating probable cause to a higher authority. Nevertheless, there exist specific circumstances wherein searches without a warrant are permissible by law:
Consent Searches: When individuals willingly consent to a search, they waive their Fourth Amendment rights, which protect against unreasonable search and seizure. Any evidence discovered in the vehicle during such a search can be employed against a defendant.
Plain View Rule: If an illegal item or contraband is plainly visible from the outside of the vehicle, a police officer is entitled to initiate a search.
Incident to Arrest: When a driver is arrested for driving under the influence, authorities are authorized to perform a search of the vehicle.
Exigent Circumstances: If a police officer believes that there is a risk to their safety or that of bystanders, or if evidence is in jeopardy of being destroyed, they are permitted to conduct a search.
Probable Cause: If a police officer has reasonable grounds to suspect that a crime has been or is about to be committed, a warrantless search is deemed permissible.
“Let’s be clear - if you give the police permission to search, even an illegal search now becomes legal.”
Every American citizen is guaranteed a reasonable expectation of privacy. Unfortunately, car searches generally have more exceptions and loopholes. Unlawful search and seizure represent a direct infringement upon your fundamental constitutional rights. It is imperative that you acquaint yourself with what is and isn't permissible under the law and that you exercise your rights judiciously. An experienced Minnesota criminal defense attorney can help. Make sure you sit down with your counsel to discuss your particular circumstances.
Jack Rice is a nationally known criminal defense attorney, a former prosecutor, a Board Certified Criminal Law Specialist and founder of Jack Rice Defense. Contact Jack Rice Defense and his team for a free confidential consultation of call 651-447-7650 or 612-227-1339. When your life is on the line, Jack Rice Defense.