If you are a driving your car and are pulled over for any traffic offense, you may be worried that the police are going to search your car. If you are hiding illegal items within the vehicle such as drugs, then you can be charged for possession as soon as the police discovered the items. As well, if you are hiding open containers of alcohol within your vehicle, you can also be charged with violating open container laws. This may merit you a DUI-like penalty even if you were not intoxicated when you were pulled over. If you were under the influence of drugs or alcohol when stopped by a police officer, chances are that you were also arrested.

The Fourth Amendment of the United States Constitution provides that citizens cannot be subject to unreasonable searches. This applies to all government agents like police officers. In some cases, vehicles are not subject to these rulings, which mean that a police officer can sometimes have the right to conduct a search and seizure within the car. Yet if the police do this unlawfully, you can argue that any evidence that was going to be used against you in court is inadmissible. The definition of a search is when a governmental agent intrudes in an area where you should have a reasonable expectation for privacy. A car would typically qualify as a place that would be considered private.

To decide whether or not a person has a reasonable expectation of privacy concerning their vehicle, police often ask whether or not the suspect has a preconceived expectation of privacy. As well, the police whether or not the subjective expectation of privacy would be reasonable to an objective third party. There are some cases where you have the right to refuse a search to your vehicle. The agent is not required to inform you that you have a right to refuse, but cannot pursue the search if you deny him or her. Oftentimes, if you agree to the search it must be voluntary.

If a police officer demanded that you agree, or manipulated you into agreeing to a search because of threats or verbal abuse, then you can take this issue to the courts. As well, you may have the right to determine whether the agent can search within your vehicle. You can state that a person can search the front of the car, or say that the police officer is not allowed to look in the center console if you would like. You are also free to change your mind after the search has started. Admittedly, denying a search is often suspicious behavior, and police may obtain a search warrant after seeing your response because they will have reasonable cause to believe that there are illegal items in the vehicle.

If a police officer has probable cause, then he or she has the right to search your vehicle without ever getting your permission. This means that the officer must have a reason to believ that the car contains evidence related to a crime. If you have not shown any signs of illegal activity, a police officer does not have the right to search your care solely for the practice. He or she must be able to prove that there was a reason to search the car. For example, if you are intoxicated and acting suspicious, the police may want to search your car for an open container of alcohol.

Also, if there is a strong odor of an illegal narcotic coming from your vehicle, then the police may be able to search the vehicle. They even have the right to bring drug dogs if necessary to sniff out the car and discover any drugs that may be hidden under boxes, seats, or floor mats. As well, if a person is arrested then the police automatically have the right to search the immediate area around the person, including the vehicle that they were just driving in.

For example, if you are arrested for a DUI and then your car is left on the side of the freeway while waiting for a tow-truck, police have the right to go throughout the car and search for evidence of a crime. This can only happen if the person is actually arrested, not if that person is merely issued a ticket or confronted. If you believe that your Fourth Amendment rights were violated in the search of your vehicle, a DUI attorney near you can help. Use this directory to find an attorney near you today!