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Issues with drug charges: Was the search of your vehicle legal?

On Behalf of | Sep 6, 2018 | Drug Charges

“May I search your vehicle?” A driver’s answer to this question from a police officer — whether here in Illinois or elsewhere — could provide law enforcement with the legal authorization to conduct a search of the vehicle. Even if a motorist has nothing to hide, it may not be a good idea to give consent, especially when facing potential drug charges. If given, the driver relinquishes an important constitutional right afforded under the Fourth Amendment.

Of course, officers do have a bit more wiggle room when it comes to searching a vehicle versus, say, searching a home. The law distinguishes between the amount of privacy an individual expects at home and the amount he or she may reasonably expect in a vehicle. Even so, an officer does need to protect your rights and can only search your vehicle under limited circumstances.

Other than obtaining consent, an officer may conduct a search after obtaining a valid search warrant. The officer may also conduct a search if there’s a reasonable belief a safety threat exists or there’s probable cause that a crime is being committed. If the officer places the individual under arrest, then a search may be conducted incident to the arrest.

Whether it turns out that an officer had the legal authority to search a vehicle depends on many factors. To know for sure, it may be a good idea to thoroughly review the entire situation to make that determination. As is the case with most of the procedural aspects of dealing with drug charges, it may be beneficial to consult with an Illinois criminal defense attorney for guidance and assistance with all aspects of the case, including a vehicle search.