Do I Have to Let the Police Search my Car?

A common question for a Fairfax criminal defense attorney is, during a traffic stop, do I have to let the police search my vehicle? People may have something illegal in their car, but still consent to the search because they think they are required to. This is not the case. The 4th Amendment prevents unreasonable searches and seizures, and just being stopped for speeding does not necessarily give the police the right to search your vehicle. By asserting your rights, you may be able to prevent serious charges that can happen in the police find contraband in your vehicle.

Fairfax Criminal Defense Attorney on What to Do During a Traffic Stop

During a traffic a stop, a person should do the following to ensure their car won’t be searched:

  • Be polite and obey officer’s orders
  • Remain silent and admit nothing
  • If the officer asks something like, “Do you mind if I look through your vehicle?” simply reply with, “No, sir, I don’t consent to the search.”

That last point will likely cause some friction between you and the officer, but stay firm in your rights. Unless the officer has reasonable suspicion to search your vehicle (the smell of marijuana, for instance), they will need a warrant to look through your car. If they search it anyway, a Fairfax criminal defense attorney may be able to get the evidence dismissed.

If you have been charged with a crime arising out of a traffic stop, contact the Fairfax criminal defense attorney at The Law Office of Wilfred Ward Yeargan. With over 14 years experience in the court room, Mr. Yeargan has experience defending clients from all charges. He will aggressively fight all charges against you and make sure your right are upheld before a jury. For a free consultation, contact The Law Office of Wilfred Ward Yeargan today.

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