Do you know when your car can and cannot be searched? While you’re free from unreasonable searches and seizures, there are some key pieces to remember when you find yourself in this position.
A police officer needs a legal reason to stop and search your vehicle. The rule of thumb is that they should present a warrant. You’ll find a slew of exceptions that allow an officer to search, such as:
- No search is necessary when seizing items in “plain view”
The “plain view” doctrine is the more common method of seizing items. For example, if you are stopped, and they see an open alcohol container, they can continue investigating by searching your vehicle. - Searches performed with the consent
If you voluntarily and intelligently give your consent, no warrant is necessary for a vehicle search. In Ohio, the findings are invalid if the officer neglects to inform you of your right to refuse a search. Even if you consent and it may be considered involuntary, it could also be considered illegal. - Searches incident to a valid arrest
Should you be arrested on suspicion of drunk driving, the police may legally search your person and vehicle for evidence and a list of your belongings. - Searches for officer safety
It may not always be the case when you’re stopped, but if an officer believes you may have a weapon or are otherwise dangerous, they could do a limited search of your vehicle and pat you down. This rule extends to others in the vehicle as well. However, a driver cannot consent to a search of a passenger’s items.
Your right to privacy in your home is much greater than your right to privacy in your vehicle. Many vehicle searches begin at a traffic stop. The police officer must believe you have committed a traffic violation or you did commit one. Once an officer decides to investigate based on their observations at the stop, the search and seizure operation may start.
Contact a professional if you have been searched or had items seized and have questions about the legalities involved. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at
330-922-4491 or
contact us online to make an appointment.
Recent Posts









YOU MIGHT ALSO LIKE





