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Can Police Search My Car Without Consent?

Can Police Search My Car Without Consent?

You’ve been pulled over. The police officer is asking you questions that can easily escalate to an illegal search. Within the intimidating moments of speaking with police during a DWI stop, it is important to stay calm, keep your hands on the wheel, and most importantly, know your rights.

During a DWI stop, law enforcement must first have reasonable suspicion to pull you over in the first place. Speeding, improper lane changing, and swerving are examples of valid reasons for an officer to pull you over. The police may start asking a series of questions, but you can refrain from providing any answers, only having to provide your name and address.

Under the Fourth Amendment, you hold certain rights that protect you from illegal searches. If the officer asks to search your vehicle, kindly refuse and invoke your right to privacy. If you have refused consent and the officer continues to search your vehicle, it can be used to help in your defense.

In order for a police officer to search your vehicle, one of the the following factors need to be present:

  • You give your consent
  • The officer has probable cause or suspicion
  • The officer has a valid search warrant

Law enforcement can confiscate anything that is in plain view. You may also refuse to take a chemical test, but your refusal may result in license suspension. If you have been pulled over at a DWI stop, it is imperative that you know your rights and consult with a legal advocate.

If you have questions concerning your rights during a DWI stop, do not hesitate to contact a Long Island DWI attorney from The Law Offices of Scott Gross, P.C. today!


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