Can the Police Legally Search Your Car?

Can the Police Legally Search Your Car?

If you have been charged with a crime, you may think the situation is hopeless. Fortunately, you have many rights protected by the U.S. Constitution. By knowing and exercising these rights, you may be able to have evidence against you thrown out so it cannot hurt your case. One of the most important rights you have is to be free from unlawful search and seizure. Below, our Michigan criminal defense lawyer explains when police can legally search your car and when they cannot.

Defining Search and Seizure

The Fourth Amendment protects you from unreasonable search and seizure. A search involves an inspection of any location you consider to be private. In order to search these areas, police officers must have probable cause that you committed or that you are going to commit a crime. A seizure, on the other hand, occurs when police officers collect evidence they find during a search and move it off the property.

Search Warrants Under the Fourth Amendment

If the police want to search property that is considered to be private, such as your home, they must have probable cause that you have committed a crime. They must also obtain a warrant from a judge after explaining why they have probable cause to conduct a search. Only when police officers have probable cause and a search warrant can they conduct a search of your private property. However, the law becomes a bit more complex when police want to search your car.

When Can Police Lawfully Search Your Vehicle?

You still have the right to be free from unlawful search and seizure when you are in your vehicle, but the rules do become a bit more complex.

First and foremost, police officers cannot stop your vehicle without reason. They must have reasonable suspicion, or a legitimate reason, to pull you over. For example, if a police officer noticed you weaving in and out of traffic lanes, that could provide them with a reasonable suspicion that you are driving under the influence.

After a police officer has pulled you over, they can legally conduct a search of your vehicle if they have probable cause that you committed a crime. For example, if the officer saw a weapon or smelled marijuana coming from the car, that could provide them with portable cause to conduct a legal search. Additionally, if police arrest you, they can conduct a search of anything that was in your immediate control, including your vehicle and even your backpack.

Lastly, if you consent to a search of your vehicle, it is lawful even if the officer does not have probable cause. For this reason, you should always say as little as possible to the police and never consent to a search of your vehicle.

Our Criminal Defense Lawyer in Michigan Can Help After an Illegal Search

Facing criminal charges is scary, but there are defenses available, particularly if police conduct an illegal search of your vehicle. At Lucido & Manzella, P.C., our Michigan criminal defense lawyer can advise on the facts of your case, prove a search was unlawful, and have evidence against you thrown out. Call us now or contact us online to schedule a consultation and learn more about how we can help you beat your charges.