Police Searches Without Warrants: Understanding Your Rights During a Traffic Stop
You’re getting pulled over for failing to stop all the way at a stop sign, and you’re worried that police are going to find the bag of marijuana you have in your vehicle. Police officers will often ask for your consent to perform a search of your vehicle, knowing that unsavvy citizens will give them that ability even if they do have illegal substances in the car. This is an error. When a police officer attempts to search you or your car, the first question you should ask them is, “Do you have a warrant?” In the majority of cases, the police officer is required to have a valid warrant to conduct a search of your person or property. Without a warrant, any search could be deemed unlawful, and evidence gleaned from an illegal search could be inadmissible. In this article, the Cobb County drug charges attorneys at Andrew L. Schwartz, P.C. will discuss search and seizure and your rights during a traffic stop.
When can police search your vehicle without a warrant?
- Search incident to arrest – Police can perform a search of your vehicle without a warrant if you are placed under arrest. When a citizen is arrested, the officer can search the suspect to remove any weapons or contraband that can be used to escape. On the other hand, a search cannot be conducted before the arrest and then be used as justification for the arrest.
- Abandonment of property – If you relinquish ownership of an item, like a vehicle, police can search it because you no longer have an “expectation of privacy.” If you abandon your property, you no longer have the right to object to a search.
- Denial of ownership – If you deny ownership of an item, you also lose the expectation of privacy over it. Police can search the item without it being a rights violation.
- Plain view doctrine – If you leave your marijuana on the dashboard, and police can see it without conducting a search, you have no right to later claim the search was illegal.
- Exigent circumstances – If the situation is considered urgent (such as when there’s a risk of evidence being destroyed or a suspect fleeing, police can conduct a search without a warrant.
- Stop and frisk – A police officer who has a reasonable suspicion that a citizen is armed and dangerous can “stop and frisk” the individual for weapons.
- Border and airport searches – Searches that take place at the border or at an airport may not require a warrant.
- Consent – If you give an officer permission to search your property, they can (and will) search it. They would not need a warrant. You should never give a police officer consent to search your property.
Talk to a Cobb County Drug Crimes Attorney Today
Andrew L. Schwartz, P.C. represents the interests of those facing drug charges in Cobb County. Call our Cobb County criminal defense lawyers today to schedule an appointment, and we can begin discussing your defense right away.
