It is crucial that you stay informed about your various rights, especially if your car is being searched for drugs. Enlist the help of an experienced Marquette drug lawyer for skilled representation and legal advice.
What Are My Rights When My Car is Being Searched for Drugs?
While you are afforded a variety of rights in the United States, below are some of the most important when considering a situation where your vehicle is being searched for drugs.
- Fourth Amendment: Under the Fourth Amendment of the United States Constitution you have the right to avoid unlawful searches and seizures of your property. According to this law, no government authority can search or take your property without a warrant or probable cause. When it comes to your vehicle being searched for drugs by a police officer, this is the most important right that you have.
- The right to remain silent: The Fifth Amendment of the Constitution gives you the right to avoid self-incrimination, meaning that you are not obligated to answer any questions or testify against yourself in any way. If the police are already conducting a search of your vehicle and find something suspicious or what they believe to be evidence, they may ask you what a substance is or where you got it. You have the right to remain silent as anything you say can be used against you.
- The right to refuse consent: If the police do not have either probable cause or a valid warrant to search your vehicle, they may resort to asking for your permission by saying something like “Do you mind if we take a look inside your car?” or “I’m going to take a look inside, okay?” You are not legally required to allow them to conduct a search this way and it is highly recommended that you politely but firmly decline. Telling them that you do not consent to the search is typically in your best interest.
It is crucial that you are apprised of all of your rights to ensure you are protected from the law.
What if the Search Violates My Rights?
If a police officer conducts a search that violates your rights you can pursue legal action. A search may violate your rights and be considered unlawful in the following ways.
- The officer did not have a valid search warrant administered by a judge or magistrate
- The officer’s search was outside the scope of the warrant
- The officer did not have probable cause to search your vehicle
- The officer conducted a search despite the fact that you refused consent
If any of the above is true then the search and seizure was in direct violation of your Fourth Amendment rights. If the search yielded evidence of illegal drugs, you may be able to have it thrown out. Because the evidence was collected illegally it could be deemed inadmissible.
If the officer did not find drugs in their search it was still illegal and a violation of your rights so you can take legal action. Contact a skilled attorney for more information.
