Vehicle searches in New York: What are your rights?

Drivers sometimes feel powerless when they get pulled over because they are not aware of their rights and fear for the worst.

2013-05-18

May 18, 2013 (Press-News.org) Vehicle searches in New York: What are your rights?

Article provided by DeRoberts Law Firm
Visit us at http://www.derobertslawfirm.com

Seeing the flashing lights of a police car behind you can may make your heart race and your palms sweat. Drivers sometimes feel powerless when they get pulled over because they are not aware of their rights and fear for the worst. Motorists may be particularly concerned about whether police have a right to search their vehicle subsequent to being stopped for a traffic violation.

Two New Yorkers arrested following a vehicle search

A recent pair of arrests illustrates how a simple traffic stop can lead more serious charges following a vehicle search by police. In May 2013, a man and woman from New York were pulled over in Ohio for speeding. The driver then admitted to police that drug paraphernalia was in the vehicle.

A subsequent search by police revealed 2.5 pounds of marijuana in coolers and several candy bars laced with marijuana. The street value of the drugs was estimated to be $11,000. Both the man and woman were arrested and now face charges of possession of marijuana.

The Fourth Amendment

The Fourth Amendment of the Constitution protects people "against unreasonable searches and seizures," and requires that warrants for searches shall only be issued "upon probable cause." This protection generally prohibits police from randomly searching people's vehicles without permission and without a valid warrant. Some states also have additional privacy protections beyond the Fourth Amendment.

It is important to note, however, that courts have found people should have less of an expectation of privacy in their vehicle compared to their home. There are several situations when police have a right to search a person's vehicle even if the vehicle's owner refuses and a warrant isn't obtained.

When can police search your car without a warrant?

If a police officer pulls someone over for a traffic violation, and asks to look inside his or her car, the individual has a right to refuse the search. To conduct a warrantless search, police need probable cause to believe evidence or contraband is located in the vehicle. In the incident discussed above, the driver admitting that drug paraphernalia was located in the car would have given the officer probable cause to search the vehicle for evidence.

This exception allows the police to search any area of the car they have probable cause to believe contains the suspected evidence, including the trunk or containers in the car regardless of who they belong to.

Contact an attorney for further information

The information discussed above only provides general information regarding warrantless vehicle searches. There are many other exceptions to the warrant requirement based on specific situations and circumstances. If you feel you may have been the subject of an illegal search an experienced criminal defense attorney can provide information about your rights and advocate on your behalf.

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