What do I do if stopped by police? First, find a safe place to stop and pull over. This could lead to the reduction or dismissal of the criminal charge for drug possession the woman currently faces. Evidence from an illegal search is generally thrown out. If the exception does not survive a challenge the search was illegal. If found, the flaw could nullify the exception. A strong defense strategy often includes a review for a flaw in these facts. These facts may support an exception to the warrant requirement.Įven so, legal counsel for anyone facing charges in this situation would likely review the evidence. When he asked the woman about the odor, she produced a cup that contained marijuana residue. In the case noted above, the officer stopped the woman and allegedly noticed a strong marijuana odor coming from the vehicle. If not, the use of evidence found during the search to support criminal charges could be challenged. The search is legal if the officer has a warrant or can justify it with one of these exceptions. Consent: the driver consents to the searchĬonsent generally translates to permission for the police to search the entire vehicle – not just the area immediately surrounding the driver.Exigent circumstances: an ordinary person would believe that the search was necessary to prevent harm to the officers or other people, the destruction of evidence of criminal activity, escape of a suspect or other activity that would frustrate law enforcement efforts.Plain view: illegal contraband, stolen property or anything else that signals criminal activity is clearly visible.When it comes to vehicles, four basic exceptions to the warrant requirement may exist: The police generally need a warrant to conduct a search. The Fourth Amendment of the Constitution provides the protection against unreasonable searches and seizures. Wait, can the police search my vehicle if they stop me for speeding? Generally, the police cannot simply search a vehicle. The police arrested the woman based on evidence gathered during a search of her vehicle. The criminal charges had nothing to do with the way she operated her vehicle. Police recently stopped a Georgia woman based on allegations of speeding.
Can the police search your vehicle if you are pulled over for speeding?
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