Never Consent to a Search of Your Vehicle
A police officer cannot search a vehicle merely because the vehicle was stopped for a routine traffic infraction. Without consent, a police officer generally needs probable cause that contraband is present inside the vehicle in order to conduct a legal search. There are, however, significant exceptions under the law.
Probable cause exists if an officer sees, hears or smells something that would give him a reasonable suspicion that the vehicle contains some sort of contraband or evidence of criminal activity. A police officer's hunch, by itself without further evidence, is not enough to allow the officer to search your vehicle. For example, if an officer sees an open container of alcohol in the vehicle, or smells the odor of marijuana coming from the vehicle, that may constitute sufficient probable cause under Ohio law for the officer to search the vehicle. Under criminal law, this is known as the Plain View Rule in Ohio.
Most Police Searches of Vehicles are Avoidable
The majority of vehicle searches by law enforcement officers occur because people get tricked or intimidated by the police into consenting to search requests of the vehicle. It is not wise to consent to any search of your vehicle, since you may not be aware of every single item contained in the vehicle. This is particularly true if you have passengers in your vehicle, since passengers could obviously leave or conceal prohibited items in the vehicle that you were not aware of at the time.
Giving Consent automatically makes the Search Legal in the Eyes of the Law
If contraband is found in the vehicle the officer may charge you based on the assumption that you knew it was there, or he may claim that you had constructive knowledge of its presence if you own the vehicle. Sometimes an officer will find contraband in a vehicle and ask all the passengers if it belongs to one of them. Once they all deny it, the driver is usually left holding the bag and the police will file the charge against him or her. Remember, however, that the burden is on the prosecution to prove the charge, not on you to disprove it.
Police Officers Can Order You to Exit the Vehicle
Police officers can also order the driver and passengers out of the vehicle. Law enforcement officers may frisk you by conducting a brief search of the outside of your clothing for possible weapons, but only if the officer has a basis for suspecting that you are armed with a weapon. Police officers can also search you for safety considerations, even though there is no suspicion of criminal wrongdoing other than a traffic violation.
Inventory Searches after Arrest
If the driver of the vehicle is arrested and taken into police custody, the police can then conduct an inventory search of the entire vehicle, as well as its contents, pursuant to a written policy of that particular police department. The law views automobiles as having a lower expectation of privacy than, for instance, a residence, since automobiles are mobile and evidence located in them is more readily disposed of.
Asking for Consent to Search usually Denotes Lack of Probable Cause
If a police officer has to ask you for consent to search, the officer logically lacks probable cause to search without your permission. You have nothing to lose and everything to gain by simply saying "No" to requests for consent to search. Do not fall for common police schemes, like asking you "You don't have anything to hide, do you?" or "You don't mind if I search your vehicle, do you?" Simply refuse to consent.
The Remedy for an Illegal Search or Seizure
Under Ohio law, illegal searches and seizures can be challenged with a motion to suppress evidence. This essentially asks the judge to bar the prosecuting attorney from using particular evidence in your case. Success at a suppression hearing often results in a dismissal of the criminal charges. However, it normally takes an experienced lawyer, skilled in criminal defense law, to litigate this type of legal matter.
If you have search questions regarding your case, contact Attorney Dan Weisenburger immediately. Time is critical since you may miss filing deadlines. Attorney Weisenburger has contested searches in hundreds of cases, including misdemeanor charges and felony charges. With his vast legal experience as a criminal defense specialist, he can readily answer your questions.
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