Whether the police have the right to search a car depends on the circumstances surrounding the search and whether authorities perform the search before or after arrest. In many cases, when officers ask for permission to search the car, the driver does not have to give consent. When someone gives consent, the search automatically becomes legal despite the fact that the law enforcement officer has no warrant.
Fourth Amendment rights and search exceptions
An experienced attorney in Salt Lake City can explain in depth an individual’s rights against illegal searches and seizures, based on the Fourth Amendment of the Constitution and various rulings under applicable case laws. For example, when a gun, drugs or drug paraphernalia is in plain view, the authorities do not have to ask persons to search their cars. Officials have the legal right simply to search and seize the item without a warrant. When the officer asks an individual to step out of the car and arrests and handcuffs the person, the law provides the right to search the car if an officer suspects that the car contains evidence of the crime committed.
Different rules apply to people on school grounds than to people in other situations. In the case Dengg, 724 N.E. 2d 1255, the court ruled that it was legal for police without a warrant to search cars when cars were parked on school grounds.
Protect your rights against illegal search and seizure
Our defense attorneys at Intermountain Legal have handled thousands of criminal cases and consequently have extensive knowledge and experience for providing an effective defense. We offer a free consultation to discuss your criminal charges and explain how we can help.
Posted in Criminal Defense, DUI