In Raleigh, North Carolina, the police typically need a warrant to either search you or your property. During a traffic stop, the police only need probable cause to search your car legally. Probable cause means the police have facts or evidence to believe you’re participating in criminal activity.
In order to search your car in Raleigh, North Carolina, an officer must observe an act sufficient to support a prudent person’s belief that you have committed a crime or that evidence of a crime or contraband would be found during a search. Examples of this could be seeing or smelling contraband such as marijuana or alcohol, or an admission of guilt on your part. Minor traffic violations such as speeding or expired registration would not in and of themselves be reason to search a vehicle, but they could be the means by which probable cause begins. You may notice that law enforcement officers will employ their five senses to determine whether there is evidence of criminal activity afoot. They may lean their heads towards your open window to determine whether there is an odor of alcohol or marijuana. They will shine a flashlight in the backseat to look for contraband in plain view. Evidence of this kind would give the police officer the probable cause needed to search your car. If they find marijuana, contact our Raleigh marijuana possession lawyers as soon as possible.
If you are pulled over by the police, turn off your car and put your hands on the wheel. This signifies that you are not armed or hiding anything. Greet the officer politely and refrain from getting upset, using profanity, raising your voice or arguing with the officer. If the officer gives you a ticket, accept it quietly and listen to their instructions on the court process and paying the fine.
If you’re pulled over, the police may order you and other passengers out of the vehicle. If they have reasonable suspicion to believe criminal activity is afoot, they may frisk you to determine if you’re armed. If the police detain and frisk you, clearly state your refusal to consent to the search. Do not resist the search, just verbally refuse to give consent.
If a police officer asks you if they can search your car, you may politely decline by telling the officer you do not consent to searches. Don’t fall for tricks, and repeat your refusal to consent as many times as necessary.
If you refuse a search request, you are not admitting guilt. If police search your car and find illegal items despite your refusal, you may have preserved your right to file a suppression motion in court. If the judge hears the case and rules that the evidence was obtained by conducting a search without probable cause, then your case may be dismissed.
Unless you are being detained or are under arrest, you may inquire as to whether you are free to go. If the police let you go, leave immediately. If you are not free to go, you are either being detained or arrested and in that case, it is best for you to remain silent and ask for a lawyer. Don’t count on the police to inform you of your right to remain silent or ask to see a lawyer. Assert yourself and ask to speak with an attorney. Do not answer any questions.
For more information on car searches by the police, or to find out if the police violated your rights, please contact a criminal defense lawyer in Raleigh, North Carolina right away. The attorneys at the Scharff Law Firm are available to answer any of your questions and can be contacted at (919) 457-1954.
