Legal Question in Criminal Law in Florida

Can the Police Search My Car?

Can the Police Search My Car?

If a motorist violates a traffic law, is driving erratically, or acts suspiciously, the police have the right to pull them over. If an officer smells marijuana, alcohol, or suspects you of drunk driving, they may be able to take certain police action. Even if you haven�t been drinking or using drugs, if an officer sees a bong on your car seat, he may believe he has probable cause to search your vehicle. We routinely and most often successfully challenge these �plain view� searches.

If you are pulled over for a broken tail light, speeding, or other traffic violation, the police cannot search your car without probable cause. If there is nothing in plain view to give rise to suspicion that you have committed a crime, the police don�t have a reason to search your car. If asked by the police for permission to search your car, you can refuse. However, the police may impound your car in order to secure a search warrant to search its contents later.