Often, police pull over drivers they suspect of violating traffic rules. You may have been stopped by an officer for a similar reason. While the officer may ask to see your relevant driving documents, he or she does not have unlimited authority to search your car.
In fact, the police can only search your car when certain conditions are met.
The law, and indeed the US Constitution, recognize private citizens’ rights to privacy and offer protection against improper meddling by law enforcement officers.
The Police Cannot Search Your Car Unless …
A police officer cannot search areas of your car that are not visible- like the glove compartment and trunk except with your consent, a warrant, with probable cause, or when the search is incident to an arrest.
You give consent
If you are stopped for a traffic violation, the officer, after checking your documents, might ask, “You wouldn’t mind if I look inside.” Many people don’t know but that’s a request for consent to search your car.
You have a right to say no, you do not consent to a warrantless search.
If the officer has no probable cause, he or she should comply with your denial of consent.
If you clearly say no and the officer forcefully conducts a search, that search is illegal.
When there is probable cause
If the officer has probable cause to believe there is something illegal inside, he or she can search the car. For example, if he or she sees something he believes to be a weapon or smells drugs, there’s probable cause.
However, probable cause must be clearly justified.
Many police officers take advantage of this exception to improperly conduct searches even without clear probable cause. Or, they may wrongfully expand the scope of probable cause against one passenger to warrant a search of the whole car. Such searches are illegal.
Search Incident to arrest
If you are under arrest for a traffic violation, the officer can perform a search to preserve evidence of the offense you have been arrested for or to ensure his or her own safety. That search forms part of the arrest and is incident to it.
However, even a search incident to arrest has its limitations. For example, if you are arrested for driving with a suspended license, the police cannot claim to search your car for evidence related to that offense.
You Can Challenge Illegal Searches and Stops
If a search, or even the initial traffic stop was illegal, you can challenge it in court. There are many possible ways to challenge both. Some of these may be available to you but you do not know it. With a trained Florida criminal defense attorney, you can identify the options available to you and use them to challenge a search or stop.
What If the Police Found Evidence in Your Car?
If law enforcement found and collected evidence like drugs as a result of an illegal search, that evidence is inadmissible in court and cannot be used against you. In legal terms, such evidence is considered fruit of the poisonous tree.
The fruit of the poisonous tree doctrine is what gives the Fourth Amendment biting teeth. It ensures evidence collected by law enforcement through shady practices and unwarranted, dubious searches are not used against private citizens. And if prosecutors attempt to do it, defense counsel can apply to have such evidence thrown out.
If you suspect to have been subjected to an improper search, consult a Florida defense attorney today.