Can an officer search my car when I am pulled over?
The U.S. Constitution gives you important legal rights that you should always exercise, no matter your circumstances. No matter what a police officer may say to you, he or she is not there to protect your constitutional rights.
Therefore, you should never admit guilt or agree to a search of your person or vehicle. After you identify yourself, always exercise your right to remain silent thereafter and simply ask for an attorney.
Unless you exercise your constitutional rights by keeping your mouth shut, you may end up with a criminal conviction that could land you in jail.
The most common type of encounter that you may have with a police officer is a routine traffic stop, such as if an officer pulls you over for speeding or for another traffic violation. If a police officer asks if he or she can search your car for any reason during a traffic stop, the Fourth Amendment gives you the right to refuse the search. So, don’t consent.
If you consent to the search, then the police officer can use anything that he or she finds against you in order to convict you of a crime. On the other hand, your consent makes the search perfectly legal.
In the vast majority of situations, you have the right to demand that the police officer get a search warrant signed by a judge before he or she searches you or your vehicle. If you don’t enforce your rights under the Fourth Amendment, then you are making it easier for law enforcement officials to gather any evidence necessary to convict you of a crime.
Similarly, even if you did commit a crime, you should not talk to police or allow a warrantless search of your vehicle. Instead, ask for a lawyer, wait and consult with a criminal defense attorney so that you can see what options are available to you.
We’re not advocating that you resist arrest, don’t. However, politely insist on your right to remain silent and to have an attorney present before answering any questions or allowing them to perform any tests on you. While you may think that simply giving up and admitting to a crime or allowing a search of your vehicle will get you a more lenient sentence, there is no guarantee of that. In most situations, it will make no difference whatsoever in the sentence that you ultimately receive for a conviction. As a result, it is essential that you talk to an experienced criminal defense lawyer before allowing a warrantless search of your vehicle, confessing to a crime or subjecting yourself to any tests.
At the the law offices of Miami criminal defense lawyer Albert M. Quirantes, Esq. Criminal DUI & Ticket Lawyers, we are here to protect your constitutional rights and make sure that law enforcement officials do not trample on them.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.
