I am often asked by clients about hypothetical situations that could potentially occur in their future. They wonder whether, if they are stopped, they are required to allow the police to search their car. The answer is a qualified yes, because police must have a valid reason to search your car. The police can search your car in three scenarios. The first is a probable cause to search your car brought on by something such as the smell of marijuana coming from inside your car. The second is if you give them consent. The third occurs incident to an arrest – because, if you are arrested, your car can be searched as part of an impounding procedure. If none of those circumstances exist and they just ask you for permission to search your car, you can tell them, “No, you may not search my car. That would not be convenient for me at this time.”
Have you been pulled over by the police and allowed them to search your car? Contact dedicated Criminal Attorney Drew Fritsch any time, if they found something illegal in your vehicle.
This educational legal blog was brought to you by Drew Fritsch, an experienced Criminal Lawyer in Buffalo representing residents of WNY in all matters of criminal defense.