What are my rights regarding a search of my vehicle?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights regarding a search of my vehicle?

I recently got pulled over for a cracked windshield, the officer gave my friend(the driver) the information back and said “get that fixed” and walked away from the car. He then came back seconds later and asked “just out of curiosity, where are you guys headed from?” we answered “we had a concert in denver.” The officer then asked “Do you have any illegal narcotics in the vehicle” we all answered “no” and he responded “Do you mind if I search it then?” We all remained silent and he responded again with “I have a k-9 unit right down the road if your not going to cooperate”. Were my rights violated by being given no other choice then to let him search my vehicle? There was no probable cause except a hunch.

Asked on April 23, 2013 under Criminal Law, Wyoming

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 11 years ago | Contributor

Generally, any search requires a warrant unless it falls within one of the enumerated exceptions to the warrant requirement.  One exception is exigent circumstances.  Another is consent.

 

In the scenario you postt, you consented.  You did not have to allow the search to occur. Stating that he has a canine unit up the road also does not force your to consent.   If you allowed a search, you likely should nothave. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption