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The police asked to search my vehicle. Should I let them?

WHAT YOU SHOULD DO:

  • Politely tell them they cannot search your vehicle without a search warrant.
  • Ask whether you are under arrest. If they say no, ask them if you are free to leave.

WHAT YOU DO NOT HAVE TO DO:

  • Say as little as possible.
  • Admit to anything being in the vehicle that is illegal.
  • Insult, threaten, or be disrespectful to the police officer.

When pulled over by the police, they may suspect you possess something illegal in your vehicle. Consequently, they may ask to search your vehicle. Remember: The Constitution of the United States protects you from any unreasonable search and seizure. The police must follow the case law and guidelines set by the Illinois and United States’ Constitutions when implementing searches of your private residence or vehicle. While the case law is abundant on this issue, the answer as to whether or not they can search can be narrowed down to five factors:

  1. Did you consent to the search?
    • It is strongly advisable never to consent to the search. If you voluntarily consent, then your attorney will have a hard time quashing any incriminating evidence that was found as a result of the search.
  2. Do they have a search warrant for your vehicle?
    • If the police obtain a search warrant that is signed by a judge, you must allow them to search. However, to obtain that search warrant, the police must have probable cause to believe something illegal is located in the vehicle and searching it will assist in their investigation. They present this evidence through a “probable cause affidavit” to the judge and he/she makes the decision whether there is enough probable cause to search.
    • This process can take a while unless there is a judge that is “on call” waiting for such an occasion to arise.
    • If the police have a valid search warrant, still politely tell them you do not consent to the search; however, allow them to proceed. DO NOT ATTEMPT TO OBSTRUCT THEIR INVESTIGATION.
  3. Did they see anything they believe to be illegal in “plain view”?
    • If the police can look into your vehicle and see something they reasonably believe to be illegal, they can search your vehicle. This is called the “Plain View” Doctrine.
    • It is strongly advisable to not travel with anything illegal in your vehicle.
  4. Did the police come to the scene, walk around your car, and alert their police handlers that you may have drugs located inside?
    • Sometimes the police will pull you over and then have you wait while they call the police canine unit to the scene. If this is the case, pay attention to how long you are waiting. If the police unreasonably prolong the stop, this may be a violation of your Constitutional rights and any evidence seized as a result of using the Canines could be thrown out of court.
    • If the dogs are brought to the scene within a reasonable amount of time, they may walk around your vehicle. If they alert to their handler, the police will be able to search your vehicle.
  5. Did they search your vehicle after they arrested you for a valid criminal or traffic code violation?
    • Police are allowed to search your vehicle “incident to the arrest”. Thus, if you are arrested for a valid traffic or criminal offense, they may search your vehicle prior to it being towed or picked up from the scene.

You can protect all your rights with Hall & Rustom L.L.C.

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