Legal Question in Constitutional Law in California

search warrent

When you get pulled over for a traffic violation, can the police officer search your car?


Asked on 6/14/04, 10:07 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: search warrent

Searches and seizures are the stuff of entire law school semesters, and case law varies widely depending on the facts. Ultimately, the police officer will do whatever he or she wants to do, including searching your car and ripping out all the wires in the back of your Blaupunkt. Whether or not the "evidence" gets admitted in the criminal case against you is where the Fourth Amendment to the Constitution, and the skill of a good lawyer, comes in. To avail yourself of your rights, you have to remember not to consent to the search ("Sir, I'd rather be on my way now.") and, if the worst happens, you will have to hire a lawyer to file a motion to suppress the evidence from the search.

Read more
Answered on 6/15/04, 2:29 pm


Related Questions & Answers

More Constitutional Law questions and answers in California