When the blues and reds are flashing in your rearview mirror and you pull off to the side of the road, you can quickly find yourself in a stressful situation. Most people are uncertain what their rights are in regards to interactions with the cops. When you add in the stress of being pulled over, it is easy to say or do things that wind up hurting your case in court. That is why we are here for you. As your local criminal lawyer in Fort Collins, our goal is to help you understand your rights, know how to interact best with law enforcement, and create the strongest defense possible for your case. Contact us right away if you are looking for a criminal defense attorney to take up your case.
So, what are your rights when you get pulled over? Do cops have free reign to rummage through your entire vehicle? Read on to learn what your rights are and how to exercise the best.
PROBABLE CAUSE
When it comes to searching through your vehicle, the term to remember is “probable cause.” Essentially, in the United States, your privacy is protected under the Fourth Amendment. This protection is what prohibits cops from barging into your home whenever they feel like it and searching through your belongings. For a cop to enter your home, they need a warrant for searching your private property. Your vehicle, however, is a little different than your home. In the case of a vehicle, the rule of thumb is not as black and white. Cops are allowed to search your vehicle if they have what is considered probable cause. If they have probable cause, they do not need the warrant to search your vehicle or your permission. So, what exactly is probable cause?
This term refers to the idea that a cop has reasonable grounds to believe that your vehicle holds incriminating evidence, which is why they are searching your property. For example, if a cop pulls you over for a traffic stop because you were speeding and while he is talking to you notices drug paraphernalia on your passenger seat, he now has reasonable grounds to believe there are drugs in your car. The officer can then search your glove box or trunk to see if it holds any drugs.
If, however, an officer pulls you over because you ran a stop sign, and there is nothing else suspicious going on, he cannot rummage through your car without your consent. In this case, the cop would need to ask for permission to search your car. Police are required to ask for your permission in a way that it is voluntary. This means that the cop cannot coerce you into agreeing to a search or intimidate you into agreeing.
THE GRAY AREAS
The problem with whether or not a cop has the right to search your vehicle is that the law is not black and white. An officer can claim he had probable cause and decide to search your vehicle. This evidence can then be used as evidence in a court of law. This is where it is extremely important to have a criminal defense lawyer on your side who knows how to establish whether or not there was probable cause for the search. If a cop has searched your vehicle and you feel like your rights were violated, and now the items found are being used against you in the court of law, please contact our team to find out what we can do to build a case for you.
Keep in mind your rights so you know what to do if you are ever pulled over and a cop asks to search your car. Here are some quick tips on what to do when you are pulled over by a cop for a traffic stop:
- Remain calm. When the officer addresses you, speak clearly and politely.
- Do not fall for intimidation tactics; firmly, but calmly hold your ground.
- If a cop asks to search your car, ask if you have the right to refuse.
- If a cop decides to search your vehicle without your consent, and there is seemingly no probable cause, stay calm but state firmly, “I am not consenting to a search of my vehicle.”
- Never try to physically stop a cop from searching your car.
- Even if you are worried about what a cop will find, remain calm. Try to say as little as possible, and state that you would like to speak to your attorney. Remember, you have the right to remain silent and anything you say will definitely be used against you in the court of law. Saying less is always wise.
- Contact our team as soon as you can.
If you are facing criminal charges, please contact our team to schedule an appointment. We will discuss your case with you and let you know what defense we think we can build for you. We fight aggressively for our clients and have experience dealing with the local justice system. Click below to schedule an appointment with our team today.
