Can Police Execute A Warrantless Search Of A Vehicle If They Suspect A Drug Related Offense in Louisiana?

 

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If an officer has probable cause to believe drugs are in a vehicle and exigent circumstances exist, he can search without a warrant. This exception to the warrant requirement is provided due to the possibility that the vehicle could be moved or evidence destroyed during the time it would take for a warrant to be obtained. There is less privacy with a vehicle than a home.

Police can also conduct an inventory search of a vehicle that was legitimately impounded by the Police without a warrant. The purpose of the inventory search is for the officer to take an inventory of all the items in the vehicle to protect the Police from claims of loss or theft by the arrestee. To be a valid inventory search, the State must prove that nobody else could take possession of the vehicle. Impoundment must be reasonable.

 

The Fourth Amendment

Currently, the Fourth Amendment offers protection to residents in the US from cases of unlawful search and seizure. This is done in a bid to prevent the Police from undergoing arbitrary vehicle searches and violating the rights of a person. If your vehicle is searched without you seeing a warrant, a cogent reason or your permission isn't gotten, that is a clear violation of your rights. You can decide to seek redress. If any of the cases listed above wasn't gotten, then any evidence gotten from your vehicle may be repressed.

This is one reason that we advise people not to talk to the Police without their criminal defense attorney in Baton Rouge around. You may end up incriminating yourself. When a criminal attorney in Baton Rouge is contacted, it is quite easy to find out loopholes that can be used to your advantage.

This doesn't mean that there aren't a few cases that the Police is allowed to search your vehicle without getting your consent or having a warrant.

The leeway that the law gives the Police when searching a vehicle is more than the one given to a case when a house is searched. Before a house is searched, some rules must be followed; if not, any evidence gotten may not be relevant in court.

Why is this so? The courts see that when a person leaves his or home in a car, he or she has little expectation that privacy would be meted onto him. This is one reason some cases, cars can be searched without the need for a search warrant or consent.

This can't be said to be the same when you are at home. Consent or search warrant must be present before an apartment is searched. If not, a drug attorney in Baton Rouge can show that the evidence was gotten in an illegal manner.

 

It is important to note the though the United States has set a bit of protection concerning the right of a person, states are allowed to give more protection if they want to, concerning the rights of a person.

In Louisiana, the only time a car can be searched legally is if consent, warrant or a cogent cause is present. If not, your criminal defense attorney in Baton Rouge can show that it was an illegal search.

 

When Is Police Allowed to Do a Warrantless Search?

Like earlier said, not every search done by the Police must be done with a warrant present. The Supreme Court allows the Police to carry out the warrantless search as long as the search was done under reasonable situations. This complex with the Fourth Amendment. We have listed out what cases the Police are allowed to search your car without a warrant. If the Police search your car without any of the following in place, a good criminal attorney in Baton Rouge can use it to his client's advantage.

You must have given the Police the needed consent

If the officer doesn't have a warrant and wants to search the car, the officer can decide to ask for your consent. You can decide to grant the consent or not. If you don't grant the consent, and the officer doesn't have a warrant or cogent reason, searching the vehicle may be illegal. You can bring that up with your criminal defense attorney in Baton Rouge. It can be used to your advantage. If you give consent, you have the right to be present when the search is ongoing to ensure that nothing is planted in your vehicle. That is your legal right.

 

If the officer feels that there is a cause to think that there may be evidence of a crime in your car.

The law allows an officer to search a vehicle when he thinks that the evidence of a crime is in the car. He must believe beyond a reasonable doubt that there is a crime hidden in the car. In this case, he should believe that there is a drug or hidden weapon in the vehicle. If the drug is seen thereafter a search for a hidden weapon was done, it is still a crime.

 

You were arrested for a drug-related crime, and a search has to be done because of the arrest

If you have been arrested for something related to drugs, your car can be searched when and where are needed. The Police has the right to search your car when you have been arrested for something related to drugs. If you are out on probation, the police can decide to search your car whenever he or she spots you. If you are currently being investigated for drugs, your car can also be searched. It is important to note that there is little or no privacy when you are out of your house. The same rights of privacy that you would get when at home are different from the rights that you would get when you are in your vehicle. A custom officer has the right to search your vehicle at the border, without having any reason for it. This is because it is within his jurisdiction. A Police officer can't do the same. A search can be done only when there is reason for it, or it could come with repercussions.

 

If there is proof that the person has violated the traffic law, then the vehicle that has the person can be searched

It depends on the level of traffic law that was violated. If it is a minor traffic offense such as speeding, there is a great chance that the officer may not need to look at the car, if there is no other reason added to it.

If, on the other hand, the police arrests because of a traffic stop, you may have your car searched, and it is within the law. If the drugs are found in the vehicle, you could be penalized for it.

If you have a drug charge and need a drug crime defense attorney in Louisiana, contact us at (225) 964-6720.  We handle drug charges anywhere in Louisiana.

 

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