If your car is being searched for drugs it is imperative that you understand your legal rights and how to protect them. Being caught with illegal drugs can result in serious criminal charges and substantial penalties like fines, jail time, probation, and more. If you have questions or concerns about your legal rights and options, continue reading and consult with an experienced Bergen County criminal defense lawyer today.
What Are My Rights When My Car is Searched for Drugs?
There are many rights afforded to you when your car is searched for drugs. Most of these rights are enshrined in the United States Constitution. For example, one of the most important liberties you are granted is the Fourth Amendment which protects you from unreasonable searches and seizures of your property. Under the Fourth Amendment, you have the right to be secure in yourself, your home, your papers, and your effects. Unless law enforcement has a valid warrant signed by a judge or probable cause that evidence of a crime can be found, they do not have the right to enter, search, or take your property, including your vehicle.
The Fifth Amendment also offers crucial protection by allowing you the right to remain silent. Under this law, no person can be compelled to be a witness against themselves. This refers to testifying in a criminal case but also to answering questions in an investigation or interview. If you are pulled over in your vehicle you are legally required to provide the officer with your license, name, insurance information, and vehicle registration. However, your obligations end there. You can refuse to answer any question that may accidentally incriminate you.
What if My Vehicle Was Unlawfully Searched?
Another reason it is important to understand your legal rights is to be able to identify when they have been violated. Remember that the police can only search your vehicle under certain conditions including the following.
- With a valid search warrant signed by a judge or magistrate
- With probable cause
- With your consent
If you were pulled over in a traffic stop and the police searched your vehicle based on something other than the above justifiable reasons, your rights may have been violated. If the illegal search leads to criminal charges against you, you can use it as a defensive strategy. Providing evidence of how the search was unlawful could result in the judge throwing out any evidence procured through the search since illegally obtained evidence is inadmissible.
If you believe your rights were violated in a search of your vehicle, it is crucial that you get help from a skilled legal professional. An experienced attorney can help you gather and present evidence and develop an effective defensive strategy during your case. Reach out to a knowledgeable lawyer at the Law Office of Boyd & Squitieri today for more information.
