Legal Question in Criminal Law in Indiana
Rights
If you are driving in your car and you are pulled over for a seatbelt violation. When and for what reasons can the police ask to search your vehicle? If you don't allow it what happens next? If they want to give you a breathalizer and you don't agree what happens next?
1 Answer from Attorneys
Re: Rights
Unless the serach is incident to a lawful arrest or other warrantless exceptions, you do not have to give consent to a search. If the officer feels he/she has reason to obtain a search warrant, then they could detain you until such a proper warrant to search is obtained. However, chances are they do not have that kind of information or they would not ask your consent to search in the first place. They are most likely on a fishing expedition to see what will turn up if you do say yes, search.
The implied consent law states that all drivers in Indiana agree to take a brethalizer when requested to do so by an officer. Failure to comply may result in a suspension of ones license.
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