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When Can the Police Search Your Vehicle?
You are driving down any street in Florida. All of a sudden the familiar lights on top of a police cruiser are switched on and start whirling behind you. You have found yourself part of a traffic stop. But can the police legally search your car? Maybe and maybe not.
Here’s what to know.
The Fourth Amendment protects citizens of the United States from unlawful search and seizure. This generally means that just because an officer feels like searching your car does not mean it can be done. There are, however, a number of circumstances when it is legal for the police to search your property, including your car, whether you have given consent or not.
When Can a Warrantless Search Be Completed?
So, the question becomes: When can a police officer, or officers, search my car? Speaking only in generalities, the police can search your car when:
1. You have given your verbal consent.
2. There is probable cause to believe there is evidence of a crime or your participation in a crime inside the vehicle.
3. The officer involved believes that a search of your car is necessary to protect the officer’s safety.
4. You are placed under arrest and searching your car is related to the arrest.
If you are pulled over for, say, running a red light, you don’t normally have to worry about the police searching your vehicle. If, on the other hand, you are pulled over for running a red light and start jumping around the inside of your vehicle and acting suspicious, a search of your vehicle and anything it turns up will typically be admissible in court.
It is also important to note that if your car is impounded, it can be searched without your permission. The reason for the tow does not matter in the least. Whether your vehicle is seized and impounded because you are trafficking drugs or you parked in an unauthorized area, it can be searched. Keep in mind that your car will be searched thoroughly, including inside any locked compartments.
What police cannot do is tow your car simply for the purpose of searching it. They must be able to articulate a very clear and reasonable explanation for the towing of your vehicle and its subsequent search.
If you have been arrested for a crime in Florida, our experienced attorneys are here to defend you. Call our offices today and let us review the facts of your case. First consultations are always free. Call now.
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Decades of Trusted Service. Hundreds of Grateful Voices.
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“David Katz sets the standard by which all other defense attorney's must measure. He not only knows his craft and has the experience to back it up, he relishes forcing his opponents to follow the law towards the best outcome for his clients.”- Karate K.
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“Christine Vazquez took on our case with a 24hr commitment. She put everything on the line to hold the judicial system accountable.”- Phil W.
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“I can’t thank attorneys Christine Vazquez and David Katz enough for the incredible job they did on my DUI case.”- Gabriel H.
Why Hire Katz & Phillips?
Some important reasons to secure experienced representation include:
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Board-Certified* Attorneys
Our founding attorneys are two of three board-certified* DUI defense lawyers in the state.
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Former Prosecution Experience
As former prosecutors, we bring an invaluable perspective and skillset to every case.
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High Success Rate in Criminal Defense
With a 90%+ success rate, our proven track record of success speaks for itself.
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Decades of Experience
With more than 10,000 cases handled, our advocates are well versed in criminal law to help you navigate your case with care and efficiency.
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Always Responsive
Our team is available to take your call and address any questions or concerns you have.
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Financing Available
The last thing you need during a criminal case is financial stress. Our firm offers financing with no credit check required.
Meet Your Dedicated Defense Team
Led by two of Florida's Board-Certified* DUI Experts, Our attorneys bring together more than 50 years of success, defending clients across Florida against criminal and DUI charges.
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DUI Charges Reduced
The court deemed all other conditions satisfied so M.A. did not have to go on probation at all and walked out of courthouse with a fine and fees to pay, and the case behind her.
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Case Dismissed
J.A.R. had had a previous DUI conviction and was facing mandatory jail time if convicted of this offense. In reviewing the discovery provided by the state, our team found several issues with the police investigation, and realized that our clients’ rights had been violated.
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All Charges Dropped
In reviewing the evidence provided by the State our team realized that T.R.’s rights had been violated when she was immediately illegally arrested by the Trooper. Further, there were many other errors made by the Trooper which would result in the evidence gathered being suppressed.
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All Charges Dropped
In this case, our client, R.H., was out with friends. A family member who was angry with him tracked his location by tracking his cell phone, called the police, told them he was very drunk, and led the police right to his car. The officers stopped his car and eventually arrested him.
Our Case Results
Two of Florida’s only Board-Certified* DUI Defense experts fighting for you.
- DUI Charges Reduced
- Case Dismissed
- All Charges Dropped
- All Charges Dropped
