Some people might not know the 4th Amendment to the U.S. Constitution protects U.S. citizens from unreasonable searches and seizures. This Amendment prevents law enforcement from barging into anyone’s home they see fit. Instead, police officers must get a warrant from a judge to search a specific area. However, there are also some circumstances where the Amendment doesn’t apply.
During any routine traffic stop, a police officer cannot search your car unless he or she has probable cause to search it legally. Probable cause means police must have some facts or evidence to believe you’re involved in criminal activity. An officer cannot just have a hunch to search your car without your consent.
However, if an officer sees something in plain view that is illegal, he or she can search your car based on the observation. For example, if someone leaves a bag of marijuana in your backseat and an officer spots it, he or she can search your vehicle with probable cause you might be involved in an illegal drug activity. Minor traffic violations, such as speeding, expired registration, or a broken taillight, are not probable cause for a search of your car either.
If you are pulled over for any reason, make sure to be polite with the police officer and follow his or her instructions if he or she asks you to step out of the vehicle. If he or she tries to get you to admit fault, you can exercise your 5th Amendment rights. If they detain and frisk you, you also have the right to state clearly your refusal to consent to the search. Say, “Officer, I’m not resisting. I do not consent to this search.” However, you should only verbally refuse. Never physically resist.
If you’re facing a criminal charge after an illegal search of your property, let us help. Our skilled Virginia Beach criminal defense attorneys have 25 years of legal experience to offer your case. Let us see how we can defend your rights and freedom.