Randall Marshall
2650 Washington Blvd. Suite. 202 Ogden, UT 84401
801-394-2673
Can a Cop Search Your Car?
Can a cop search your car?
Not without “probable cause.”
Not without “probable cause.”
This can often times be misleading and that is how officers want it to be. Just because they ask if they can search your car, enter your home, or search you, doesn't mean you have to consent. The answer should always be "NO".
Too often we think that a cop can search our vehicle simply by asking for our consent. Of course, if we consent, then they can. But we NEVER need to consent to a search. If they have "probable cause" they can search without your consent. So, why consent? Many people have been arrested because they consented to a search which would have otherwise been illegal.
But because of the consent, the search is permitted.
If a cop asks your if you have anything illegal on you, certainly don't lie, but you absolutely don't have to tell them either . You can simply say, " I don't have to answer that question"
Law enforcement cannot do any searched without a warrant, or, in some cases merely "probable cause; but they can often circumvent this requirement when you them permission by saying "yes". If you tell them "no" and they proceed to search anyway, whatever they find will most likely not be admissible in court because they obtained the information or items illegally and your attorney can file a "Motion to Suppress"; which asks the court to ignore the evidences and the exhibits that were obtained by illegal means.
If they smell or see drugs or alcohol on you, they can search. If they see anything illegal in "plain view," they can search the vehicle. Additionally, if you are arrested, officers are then allowed to search your car for weapons that you might try to access during an arrest or contraband if you are arrested for possession of a controlled substance or paraphernalia.
The best thing to do is not to get yourself arrested to begin with and be as respectful as you can no matter what, but that doesn't mean say "yes" to everything they request either.
Often, they will promise that you won't go to jail if your consent. That may be true "today", but that doesn't mean they won't file charges and you will go to jail later. Just say "no."
Law enforcement cannot do any searched without a warrant, or, in some cases merely "probable cause; but they can often circumvent this requirement when you them permission by saying "yes". If you tell them "no" and they proceed to search anyway, whatever they find will most likely not be admissible in court because they obtained the information or items illegally and your attorney can file a "Motion to Suppress"; which asks the court to ignore the evidences and the exhibits that were obtained by illegal means.
If they smell or see drugs or alcohol on you, they can search. If they see anything illegal in "plain view," they can search the vehicle. Additionally, if you are arrested, officers are then allowed to search your car for weapons that you might try to access during an arrest or contraband if you are arrested for possession of a controlled substance or paraphernalia.
The best thing to do is not to get yourself arrested to begin with and be as respectful as you can no matter what, but that doesn't mean say "yes" to everything they request either.
Often, they will promise that you won't go to jail if your consent. That may be true "today", but that doesn't mean they won't file charges and you will go to jail later. Just say "no."
Randall Marshall
2650 Washington Blvd. Suite. 202 Ogden, UT 84401
801-394-2673
Injured at Work?
Arrested?
Accused of a Crime?
Give us a call
Arrested?
Accused of a Crime?
Give us a call