When the police in North Carolina pull you over, knowing your rights is essential. The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. It means that police officers need a valid reason, or “probable cause,” to search your car during a traffic stop.
It starts with probable cause
Probable cause means that the police must have a reasonable belief that you have committed a crime or that your car contains evidence of a crime. For example, if an officer sees illegal drugs or smells marijuana, they have probable cause to search your vehicle. Other examples include seeing an open container of alcohol or a weapon in plain view.
Consenting to a search
Another way the police can legally search your car is by permitting them. If you consent, anything the officer finds can be evidence. You do have the right to say no. Refusing a search does not give the officer probable cause, and it cannot be held against you in court.
There are different types of searches
The type of search is based on the grounds for doing it:
- Search incident to arrest: If an officer arrests you during a traffic stop, they can search your car without a warrant. This is known as a “search incident to arrest.” The officer must limit their search to the area within your immediate control, such as the passenger compartment of your car. This rule aims to ensure the officer’s safety and prevent the destruction of evidence.
- Protective searches: Police officers can also conduct a protective search if they believe their safety is at risk. For example, if an officer thinks you might have a weapon, they can search your car to ensure there are no hidden dangers. This type of search must focus on potential hiding places for a gun or weapon.
- Inventory searches: If law enforcement impounds your car, the police can conduct an inventory search. This documents your vehicle’s contents and protects the police from claims of lost or stolen property. Inventory searches must follow standard procedures and are not a pretext to search for evidence.
- Plain view doctrine: If a police officer sees evidence of a crime in plain sight, like drugs or weapons, they can search your car without needing a warrant. The evidence must be obvious and visible from a legal standpoint. This rule also applies if the officer smells the odor of alcohol or marijuana coming from the vehicle.
The success of a defense often hinge on the nuances that prompt the search, and whether it was legal.
The consequences of illegal searches
If the police search your car without probable cause or consent, they cannot use any evidence they find against you in court. If you believe an officer violated your rights during a traffic stop, it’s crucial to speak with a lawyer who can help you understand your options.
Was the officer’s search lawful?
Criminal defense attorneys work with defendants to protect their legal rights. An important part of this goal is determining whether the police violated the defendant’s Fourth Amendment Rights.