Interactions with the police in California can be a slippery slope. Ideally, this is a group of people who are supposed to be offering protection and service to civilians. Therefore, law enforcement should be the last ones to violate anyone's rights.
However, what happens is often far from what is ideal. Those who are unaware of their rights will often find themselves being taken advantage of by the very people who are supposed to be protecting them.
For example, the police will not always be able to legally search a vehicle. Many officers will proceed with the search anyway. Sure, there are cases in which a vehicle exception exists, which allows for a search to occur. However, this is not always the situation at play.
Below is a look at the circumstances under which one should have an officer search their vehicle. Additionally, details are provided on what to do if an illegal search is being attempted. Goss Law can also explain What to do if you are pulled over in California.
Consent Is Important
The police know that without probable cause or a search warrant, they will often not be able to see anything without consent. Therefore, they use a bit of trickery by asking if they can search the vehicle. This is where many people make a grave mistake by reluctantly or otherwise giving the go-ahead. California police are not allowed to proceed without consent in these situations, so do not give it.
Does California Law Allow a Police Officer to Do an Inventory Search Without a Warrant?
If someone is found to be driving with a suspended license, then this allows the officers to have the vehicle impounded. Once the car has been taken, inventory searches are on the table. This is because there needs to be a documentation process that captures the contents of the car. The idea is to be able to account for whatever property may be present before and after the impounding has occurred.
There is no warrant requirement for this kind of search, as it is a part of dealing with an impounded vehicle.
When Can Police Officers Search Your Car Without a Warrant?
In most situations, a warrantless search is simply not permitted. However, in cases where there is probable cause, no warrant is needed. Note that the idea of "probable cause" speaks to a situation in which the person being searched was behaving suspiciously, there is information from an investigation at play, or there has been a report from a witness.
Effectively, the police reasonably believe that there is some kind of contraband present or that there is criminal activity at play. Even this can be a slippery slope. For example, if police are unaware that marijuana is in a vehicle, nothing is stopping them from asking a driver if any is present.
Should the driver say yes, the officer gets probable cause. However, there was none present before the question was asked.
Arrest also counts as an exception. If someone should be arrested, then a search incident is allowed to take place. After someone breaks the law, the search of a vehicle can lead to severe felony cases.
The "Vehicle Searches Incident to Lawful Arrest" Rule
As indicated before, the police are allowed to do a search if they are arresting someone. Even so, what they are allowed to look through is limited. First, there is nothing wrong with searching the arrested individual's person. Beyond that, they can only search the area within the immediate control of the suspect.
What Should You Do If a Police Officer Pulls You over in California?
One of the worst moves to make is to become disruptive and aggressive. In some cases, doing so can be the difference between being let go or giving law enforcement an arrest reason. Here are some essential tips to abide by if there is ever a traffic stop happening:
Ensure that turn signals or hazards are activated before pulling over. As soon as it is safe to pull to the side of the roadway, do so.
Remain inside the vehicle. Do not exit unless the order to do so is given by an officer.
Switch off the engine. Additionally, turn off any active audio devices.
If the stop is happening at night, turn on the interior vehicle lights to ensure that there is proper visibility.
Ensure that hands are kept on the steering wheel or in a place where they are fully visible.
Follow whatever instructions the officers may give. This applies to those given to passengers as well.
Once the officer is observed to be approaching, lower the appropriate window if it is up.
If there is a legal weapon present, ensure that the officer is made aware that it is in the vehicle.
Wait for the officer to give the instruction before getting the driver's license or vehicle documents.
Do Not Neglect Legal Representation
Remember that police will not always act within the confines of the law. This is true even though they are technically required to do so. However, this can only go their way if there is ignorance of rights combined with a lack of legal representation.
For example, officers may choose to ask questions to back someone into a corner. However, if that person chooses to remain silent without the best criminal defense lawyer in Sacramento present, they cannot fall into the trap of answering unnecessary questions.
Attorneys are well aware of what a person's rights are. Additionally, legal knowledge always ensures that the best possible outcome is achieved. They can also advise on rights police don't want you to know California. Of course, what this may look like will differ based on the applicable circumstances.
Schedule a Free Consultation Today with One of the Best Criminal Defense Attorneys California Has to Offer!
Do not allow the police in California to violate your rights at a traffic stop. Let Goss Law help fight for you when law enforcement is in the wrong.
We urge you to reach out to us in the shortest possible order, as doing so allows us to aid you optimally. Schedule a free consultation with an expert criminal defense attorney today!
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