CASE STUDY

Case Study

Case Study

1. Was the search of the car legal?

First, a caveat: Even if I were a lawyer, legal information in this podcast is not intended to substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction.

Today's episode will focus on what you can tell a police officer when he asks to search your car, the second of a three-part series on your rights when you pull.

Then you pull over, officers may ask you if they can search your car. The officer might say, "Hey, mind if I take a look in the trunk?" Or "Something in the car I should know about?"

But just because the officer asked to search your car does not mean you should let him. You can only say: "No. You can not find my car." You generally have the right to remain free from unreasonable searches. But if you tell an officer that he can pick up your car, you just waived that right. After that, everything is in your car can be used against you in court. What can not be used against you is that you exercised your constitutional right to remain immune from search by refusing to consent to searches.

Now if the officer searches your car anyway, do not attempt to physically obstruct the officer. Stay calm and polite, and tell the officer again, "You can not find my car."

If the officer finds something illegal in your car, you may be able to challenge the search later. Agents can not search your car without a valid reason. So it may happen that the officer had good reason to search your car, to consent to a search is almost always a good reason. If you say it, if you consent to research, nothing in this car and can be used against you in court.

2. Did you need a warrant to search?

Another item on the application side of the law is that cars are generally excluded from the requirement of a warrant of advance due to their mobile nature. It gives them license to conduct warrant less searches of vehicles. An officer has only to meet the probable cause standard in most cases. It is relatively easy to do. Verify that officials had no probable cause is more difficult and has succeeded in some cases. Most of these cases involved racial profiling of some kind, the ...