If the police suspect that you are driving while impaired, they may pull you over. During a traffic stop, the police may gather evidence. The police may ask you questions or have you take a breath test. Another way the police can gather evidence is by searching your car.
You may wonder if the police can search your car. However, you have some protective rights. If the police ask to search your car, here is what you should know:
Understand your Fourth Amendment rights
The police can search your vehicle during a traffic stop, but the Fourth Amendment protects you from unreasonable searches. This applies during traffic stops. The police have to meet certain parameters to make a lawful search. Here is what the police need to search your vehicle:
- Did they have permission to search your vehicle? You can give the police permission, but you do not have to.
- Did the police see anything from outside the vehicle? Any incriminating evidence, such as a weapon or open bottle of alcohol that can be seen outside of a vehicle, may be used as evidence.
- Did the police make a lawful arrest? If the police lawfully arrest you, then they have the right to search your vehicle.
- Did they have probable cause? If the police have probable cause that a crime is being committed, such as seeing incriminating evidence, they could perform a search.
- Was there a warrant? The police can get a court-ordered warrant to search your vehicle. However, the parameters of search warrants are very specific.
Evidence collected during an unlawful search would be considered fruit of the poisonous tree, which means illegal methods were used to collect the evidence. This kind of evidence could be dismissed during a trial. Understanding the fruit of the poisonous tree doctrine and your defense options can protect you from serious charges.