When a person is stopped by the police under suspicion of a failure to follow driving laws, the officer might ask if they can search the vehicle. A criminal defense lawyer in Auburn will suggest the person declines this and that they say as little as possible to the officer before contacting a lawyer for assistance.
Why Is Agreeing to a Search a Bad Idea?
There was a case a few years ago where a person agreed to a search, knowing they didn’t have anything illegal in their vehicle, and a marijuana seed was found under the vehicle’s carpet. It turned out that the seed was from the previous owner, but the person was arrested after it was found because of having an illegal substance in their vehicle. While this is a rare situation, it does show that a person should never consent to a search, even if they are positive the officers will not find anything.
What If the Officer Searches the Vehicle Anyways?
Sometimes, asking if it’s okay to search the vehicle is just a formality and helps the officer prove the search was lawfully done in court. However, even if the answer they’re given is no, they might still be able to lawfully search the vehicle. If the officer searches the vehicle after they’ve been told no, they will need to show they had probable cause to search the vehicle for it to be considered lawful.
What Happens If Evidence Is Found After an Unlawful Search?
There may be situations where an officer decides to conduct a search even though they do not have permission or probable cause. If any evidence is found as a result of an unlawful search, the accused person’s lawyer might be able to have the evidence suppressed. There are exceptions to this, such as if the evidence would have eventually been found legally. The lawyer will look into this, however, as they might be able to suppress the evidence and, therefore, have the case dismissed from lack of evidence.
Cases wherein a search may have been conducted unlawfully are going to be complicated and are going to require the skill of a criminal defense lawyer in Auburn to help the client. If you’ve been arrested and believe your vehicle was unlawfully searched, contact a lawyer from a law firm like Yoder & Kraus immediately to get the help you need.
