Generally, law enforcement officers in North Carolina must obtain a warrant to search your property. However, this is not necessarily the case if an officer has pulled you over.
Read on to find out:
- How probable cause can lead to a vehicle search during a traffic stop
- How police officers will attempt to gain your consent to search your car
- How to exercise your right to refuse a search
If you believe that a police search has violated your rights, the highly experienced criminal defense attorneys at The Trevor J. Avery Law Firm are ready to fight for you. Contact our firm today at (910) 405-8459.
What Police Need to Legally Search Your Car
In the case of a traffic stop, if a police officer is going to search your car, they need to have probable cause first. Probable cause in this instance means that the officer has to have facts or evidence or observe activity that leads them to believe you’re participating in a crime. For instance, if the officer pulled you over for speeding but then smelled marijuana coming out of your open car window, that would give them probable cause to search your vehicle.
Keep in mind: just because a law enforcement officer has pulled you over for a traffic violation, such as running a red light or speeding, it does not mean that the officer is then legally able to search your vehicle. However, the officer may find probable cause to search your car during that traffic stop.
How to Exercise Your Right to Refuse a Search
Some police officers might try to intimidate you or manipulate you into letting your guard down so that you’ll consent to a search. You’ll want to navigate this encounter with the police to avoid incriminating yourself.
When a police officer flags you down:
Pull over as soon as it is safe. Roll down your window, and turn your car and radio off completely. Keep your hands on the steering wheel in plain view. Remain calm and polite.
If the officer asks you if you know why you were pulled over or how fast you were going, simply reply with “No, Officer.” This answer protects you from self-incrimination and is within your rights under the 5th Amendment. You don’t want to say anything that can be used against you in court later.
If you get a ticket, accept it without arguing or complaining and listen quietly to the officer's instructions about contesting the ticket or paying the fine. Never raise your voice at an officer, curse at them, or challenge them.
Hopefully, the encounter ends here. However, the officer may feel there is a need to detain you and/or search your vehicle. Here is what you can do:
- If the officer orders you to leave your vehicle: Calmly leave your vehicle. If he has ordered your passengers to leave the vehicle, make sure they do so as well. At this point, the officer may detain you and frisk you, which can be nerve-wracking. Do your best to stay calm, and for your own safety, do not physically resist. You can say to the officer that you are not resisting but that you do not consent to searches.
- If the officer says something that sounds like a command, such as “You don’t mind if I look in your car”: Be mindful that this is an attempt to get you to say you consent to the search. The officer is phrasing this request like an order to intimidate you or catch you off guard. They might even say this while frisking you. Remember to stay calm and politely reiterate that you do not consent to searches.
- If the officer says they’ll hold you and get a warrant to search your car: Let the officer know that you’ll wait. Remain polite. Even if the officer isn’t bluffing and actually does get a warrant, the basis for getting that warrant can be challenged in court later.
- If the officer implies that you’re hiding something by not consenting to the search: Remain polite, but do not give in. Refusing to give your consent to the search can make you look guilty to the police officer in front of you, but your verbal refusal can’t actually be held against you later in court. By refusing to consent to a search, you are not actually admitting guilt.
If you believe your rights may have been violated by a police search, don’t wait to contact our firm in Jacksonville, North Carolina. At The Trevor J. Avery Law Firm, our knowledgeable criminal defense attorneys level the playing field between the government and the defense and make sure the police respect our clients’ rights, follow the rules, and play fair.