Do you think your vehicle has been illegally searched? Or are you curious to know about the laws when it comes to car searches done in Boston? If you’re wondering whether or not the police can search your vehicle without a warrant, then the simple answer to this is yes.
The police can indeed search your car as long as there’s a probable cause. If you’re confused about this due to the Fourth Amendment, here’s what you need to understand: The Fourth Amendment protects against unlawful search and seizure that generally prohibits arbitrary vehicle searches by police.
Indeed, the police cannot search your vehicle without a warrant, permission, or a valid reason. However, there are some situations when they can search your car without a warrant or your consent. Know that the courts give the officers more leeway when searching for vehicles as compared to houses. This is primarily because courts recognize that individuals generally have a lower expectation of privacy when driving a car as when they’re in their homes.
Keep in mind that police officers can search your vehicle without a warrant under the following situations:
- If you give the officer your consent
- If the officer has probable cause to believe that there’s evidence of a crime inside the car
- If the officer believes a search is necessary for their protection
- If you have been arrested and the investigation is related to the arrest
The police can pull you over when they have a reasonable suspicion that you have violated the law. In the case that you get stopped due to a minor traffic offense, they won’t likely be permitted to search your vehicle. However, if you got pulled over due to an action out of a traffic stop, the police officer may need to search your car.
Your vehicle can also be searched without a warrant if the police have towed and impounded the car. Keep in mind that the search will be as comprehensive as they want it to be, which means that they may need to open any locked boxes or compartments in your vehicle.
In Massachusetts, there is an exclusionary rule that requires a judge to suppress evidence against you if the police acquired evidence when you were stopped or searched you or your home illegally. When the evidence is suppressed, the evidence against you will not be used at trial.
Should you encounter this type of issue when you’re on the road, you must contact an attorney right away, especially if you think the police officer doesn’t have probable cause to search your vehicle. There have been many instances when vehicles were illegally searched, and having a lawyer by your side will be your best hope in this type of situation.
Understanding your rights when it comes to search and seizure is essential, which is why you should consult an attorney before you speak with the police. Remember that laws change, and you might provide information unknowingly that could incriminate you later.
If you find yourself in this situation, it’s essential not to bargain or negotiate without an attorney present. Otherwise, you may end up bargaining your rights. When your rights have been violated, your lawyer may file a motion to suppress the resulting evidence. This is why it’s essential to remain silent when you’re dealing with the police.
Are you looking for the best criminal defense lawyer in Boston? We have got your back. The Fernandez Firm upholds an excellent reputation, and we will fight to protect our clients’ criminal record and their future – schedule a free consultation with us today!