When you are pulled over, the last thing you expect is for the officer to ask you out of your car to search the vehicle for drugs. If you’re unsure of your rights, this can quickly devolve into a detrimental legal battle, so understanding your rights during these times is critical. The following blog explores what you should know if you are asked to undergo a vehicle search and how a Houston drug crimes defense attorney can help you fight for justice if your rights have been violated.
Why Might My Car Be Searched in Texas?
There are several reasons you may be asked to submit to a vehicle search in Texas, but most commonly it is there is reasonable suspicion that you have illegal items in the car.
It’s important to understand that the police must have reasonable suspicion to pull you over. Generally, this means that you have violated a traffic law in some manner, prompting the stop. From the stop, the police can develop probable cause, which means they have the right to search your vehicle or place you under arrest. Probable cause includes things like seeing drug paraphernalia in your vehicle or smelling drugs from the car.
What Are My Rights During a Vehicle Search?
It’s imperative to understand that unless the police have probable cause, a warrant, or your consent, they cannot search your vehicle. This is because the Fourth Amendment of the United States Constitution protects from unreasonable searches and seizures. As such, the police cannot simply stop you and look through your car “just because.”
If the police ask you to give consent for a search of your vehicle, you may feel as though you have nothing to hide, so allowing them to look will result in further proof of your innocence. Even if you have no drugs or illegal items in your vehicle, you should never consent to a search. Unfortunately, there have been instances of the police planting illegal items in a vehicle in order to arrest a suspect, so withholding consent can help prevent these situations.
It’s important to clearly and firmly inform the officers that you do not consent to a search of your vehicle without a warrant. You should also note that you have the right to record traffic stops without the consent of the officer. Doing so can help show that you firmly denied the search of your vehicle, which can help if the police continue without a warrant.
If My Rights Are Violated, Can an Attorney Help Me?
If you are subjected to an illegal search and seizure, it’s critical to understand that connecting with an experienced attorney is in your best interest. This is because your attorney can fight to have the illegally obtained evidence deemed inadmissible during court since it was obtained through a violation of your Constitutional Rights.
When your rights are violated and you’re facing criminal drug charges as the result of a search of your vehicle, it’s critical to understand that connecting with an experienced attorney from the Gonzalez Law Group is in your best interest. Our firm will examine the circumstances of your arrest to determine the best course of action for your unique circumstances. We will do everything possible to fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn more.
