What Happens If The Police Find Drugs In Your Car?
Getting pulled over by a police officer can be highly stressful. It’s understandable that you might not be sure what to do when involved in a traffic stop. When pulled over, it’s important to remember that you have rights and take steps to uphold your rights during a traffic stop.
If you get stopped by a police officer, they can ask you to search your car. If you say yes, this would allow the police to search your car without a warrant. However, you’re not obligated to allow a police officer to search your car unless there is a reason the police officer can search your car.
Knowing your rights during traffic stops is important. Searches without a warrant can be completed differently and for different reasons.
If your car has been wrongfully searched, resulting in charges against you, a drug crimes attorney can work with you on your defense to throw out any evidence gathered against you during an illegal search.
Jason Campbell is an experienced Mississippi drug crimes attorney dedicated to fighting for his clients.
Contact Campbell Law today to learn more about how we may be able to help you with your situation.
When Can Police Search Your Car?
Police can search a vehicle when they have permission from the driver. If you give permission for the police to search your car, it’s important to understand that they will be able to search your entire car. While search warrants are typically more limited, they may just allow the police to search your trunk or a specific area, giving permission can allow them to search the whole vehicle.
If you or the driver don’t give permission to search the vehicle, there are other reasons an officer can search your car. Whether or not the search falls under one of these reasons can be the basis of defense against illegal searches in court.
Probable Cause
With probable cause, cops can search your car without a warrant. Probable causes can include a variety of different factors. For example, if the officer smells drugs, notices that you or your passengers appear to be under the influence, or spots what appears to be drug paraphernalia, they can have probable cause to search your vehicle.
Probable cause can also be used for the officer’s safety. If they have reason to believe a weapon or object could be a risk to them is in the vehicle, they can use probable cause to search your car.
Search Incident to Arrest
If you are arrested after being pulled over, the police could have cause to search your vehicle. Search incident to arrest allows the police to search your person when someone is arrested. If you’re arrested from your vehicle, the police may also be able to search your car.
Impounded Vehicle
The police can lawfully search any vehicle they’ve impounded or towed without a warrant. If you’re arrested while driving your vehicle, your car will most likely be towed and impounded by the police. Once it’s in their possession, they can search your vehicle without getting a warrant.
Get a Warrant
Police officers can get a warrant to search your vehicle if you refuse their request to search your car. If an officer has a warrant to search your vehicle, they’ve gotten legal permission for a search from a judge.
What Happens if Drugs Are Found in Your Car?
If drugs are found in a vehicle that you’re driving, you could be charged with possession or constructive possession.
Constructive possession is the reasonable assumption that someone knew about and had control over the physical property. Constructive possession is treated the same as actual possession.
If you’re charged based on drugs found in a vehicle, you may be able to base your defense on a lack of knowledge of the drugs. Lack of fingerprints, obvious signs of age, or being hidden somewhere you couldn’t access are a few defenses against constructive possession charges.
Even if you’re the only one who regularly drives a vehicle, it doesn’t mean you’re the only person with access to it.
Contact a Drug Crimes Attorney Today
Drug charges can have a serious impact on your life. If you’ve been charged with drug-related crimes, it’s vital that you take them seriously and act quickly.
Working with an attorney for possession or other drug-related crimes can help you through the legal process. A drug crimes attorney understands legal proceedings and defenses against drug-related charges.
Contact Jason Campbell to learn more about how we may be able to help you.
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