Legal Question in Criminal Law in Georgia
when stoped by a police officer & they ask to search your car & you refuse to grant them permission, what can they do then ? georgia
2 Answers from Attorneys
They can get a warrant and search anyway or they can let you go.
It depends. If you have been stopped for driving without proper registration, proper insurance or proper driver's license, they can search your car (inventory search), because the car is going to be towed anyway. If they observed you engaged in criminal activity or smell marijuana emating from the vehicle, then they can search the car (search incident to arrest), because you are going to be arrested. If they have the K-9 with them, and the K-9 alerts on the vehicle after walking around the vehicle, the vehicle will be search, because the police now have probable cause to search the vehicle. They could also hold you on the road while they geta search warrant (so rare it doesn't need to be discussed). Or, the police can let you just go on your way. You notice none of the examples include dishonest police, who might say that you gave consent when you did not, or that they smelled marijuana when they did not. However, those are real possibilities if you believe my clients over the last eleven years. IT IS FACT SPECIFIC.
Lawrence
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