While people assume that the police have every right to stop your car at any time and conduct a search as they find feasible, there are several regulations. The average citizen has rights that they can use to deny searches as well. Here’s how car search consent works, when you can say no and how the police can enforce a search:
Smells Emitting from Your Car
Normally, police officers require a warrant to be able to search a car but there can exceptions in some case. In case your vehicle has been stopped and marijuana or any other substance can be smelled, the police can take this as a probable cause. It can allow them to search your vehicle and in case they find anything else, that may be taken in as evidence as well.
A common way that police use to search a car is by asking for consent. If the driver gives their consent to search, the police officers are allowed to look for any suspicious items. A person can refuse to allow consent and even limit the consent to search to one section of the car. They can allow the officers to look in the back seat but not the glove box or the trunk, if they wish to do so.
For those in custody of the policy, they are read their Pirtle rights, informed that they can consult a lawyer and that their consent is voluntary for search, along with having rights to refuse.
Drug Dog Sniffs (K-9 Searches)
A drug dog sniff or K-9 search is legal, allowing a police officer to walk the dog around the vehicle in question to look for any drugs. If the officer has a suspicion, the vehicle may be stopped and the dog can pass around to detect the smells.
A K-9 search, however, cannot be used to prolong a traffic stop to bring the drug dog to the location of the vehicle. This is considered illegal and seizure of that person.
If you’ve been charged after a police search, you’re more than likely eligible for bail, especially if you have no past criminal record. At DeLaughter Bail Bonds, we help our clients get out as early as possible. Our goal is to provide the lowest legal bail bond rates available in Fulton County, Huntington County, Allen County, IN.
Get in touch with our bail bond agents today.