Do I Need to Submit to a Vehicle Search?

When you see the flashing red and blue lights behind your vehicle, you may assume you are being stopped for a standard traffic violation. However, you may be completely blindsided once the law enforcement officer initiates search and seizure procedures of your vehicle. If so, please follow along to find out whether you are required to accept a search of your vehicle and how one of the proficient Clarksville drug crime lawyers at Fendley and Birch can defend you should law enforcement find drugs at this time.

Do I need to submit to a drug-related vehicle search?

In short, a law enforcement officer cannot conduct a drug-related search of your vehicle without a valid search warrant issued by the court. However, this is unless an officer has probable cause to reasonably believe you committed or are committing a felony offense. Or, if they believe you are an immediate safety threat. Typically, this becomes the reality of the situation if an officer finds drugs on your person during a standard stop and frisk or if they detect drugs located in your vehicle in plain view. All that said, while you are allowed to not give your consent to this search, an officer may do so anyway if they have these legitimate reasons.

What is considered to be an illegal vehicle search?

If a law enforcement officer finds drugs in your vehicle and you must later on defend yourself in your criminal proceedings, you may challenge the legality of the search and seizure. This may be done through filing a motion to suppress evidence. Here, you may claim that your Fourth Amendment right to privacy was violated because an officer did not have a valid warrant or probable cause. If the court sees your side of things, they may make an officer’s evidence collected during the traffic stop inadmissible in your proceedings.

What happens if drugs are found in my vehicle?

Unfortunately, if your motion to suppress evidence is denied, and you are ultimately found guilty of simple drug possession, you may be up against criminal consequences. As a first-time offender, you may be charged with a Class A misdemeanor, which is penalized with a jail sentence of up to one year, a fine of up to $2,500, mandatory educational courses, mandatory community service hours, etc. As a repeat offender, you may be charged with a Class E misdemeanor, which means a prison sentence of up to six years, a fine of up to $3,000, and more.

If you need legal representation fast, one of the talented Montgomery County criminal defense lawyers is prepared to step up. The team at Fendley and Birch looks forward to meeting you, working with you, and helping you.