WHEN CAN THE POLICE SEARCH MY CAR?
The Fourth Amendment to the United States Constitution ensures that citizens are “secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” What does this mean in practice in relation to automobiles?
1. Police officers can ask a person's consent to "search" a vehicle for any reason or no reason at all. The citizen has a right to decline this request.
2. The U.S. Supreme Court stated in Carroll v. United States, 267 U.S. 132 (1925) that police officers may search a vehicle if they have "probable cause" that contraband may be found inside.
3. Police officers may need a warrant in certain circumstances to search a vehicle.
4. Police officers may allow a drug dog to walk around a vehicle to sniff for narcotics without it being an unlawful "search". Illinois v. Caballes, 543 U.S. 405 (2005). I will always take the position that putting a drug dog inside a vehicle (1) without probable cause, (2) without a warrant, and (3) without the owner's consent violates one's reasonable expectation of privacy and should be violative of the Fourth Amendment.
If you have been charged with a probation violation, traffic ticket, criminal offense, or a DUI, feel free to contact me to discuss your options. At my office, you will receive a free interview in criminal cases. If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case. If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610. If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading http://www.vannoylawoffice.com/blog/
If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.
Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina. He carries a Martindale-Hubbell AV Preeminent Rating. According to the rating system, "AV Preeminent(r) is a significant rating accomplishment-a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."
Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina. You can find his profile at www.thenationaltriallawyers.org.
Brady Vannoy's office is located in downtown Moncks Corner. He regularly takes cases in Berkeley, Charleston, and Dorchester counties. Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100. Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country. He can be reached at (843) 761-0610 or through the contact page on this website.