The Fourth Amendment to the United States Constitution protects individuals against unlawful searches and seizures. This protection extends not only to residences, but also to automobiles and a search of your person. However, Supreme Court cases have held that individuals have a lesser expectation of privacy in a motor vehicle than they do in their homes.
Under ordinary circumstances, a police officer does not have the right to search a car without a valid warrant, permission from the driver, or some other valid reason. However, there are exceptions to this warrant requirement, some of which are as follows:
1. A police officer may search your vehicle if he or she asks to do so and you consent.
2. A police officer may search your vehicle if he or she has probable cause to believe that evidence of a crime exists in the vehicle. For example, if the police officer observed contraband in plain view in the vehicle (e.g., by looking through a window or door), or if a drug dog alerts to the presence of contraband in a vehicle, that is typically enough probable cause to warrant a vehicle search.
3. If the police officer believes that a search of the vehicle is necessary for officer safety, then he or she may search the vehicle.
4. A vehicle may be searched incident to a lawful arrest if the lawful arrest, such as for a drug offense, is the reason for searching the vehicle.
5. A motor vehicle that has been impounded may also be subject to a valid search.
Our St. Petersburg Criminal Defense Lawyers are Here to Help
If you have been charged with drug possession or other drug-related charges, it is essential that you have skilled and experienced legal representation. Drug possession convictions can have serious ramifications and can subject you to heavy fines and, in some cases, jail time. Our experienced criminal defense attorneys are ready and willing to help you, and can assist you with formulating a valid legal defense(s) to your charge. Please feel free to contact our St. Petersburg criminal defense attorneys at the Khonsari Law Group at any time, via telephone or email, for an initial consultation.