A question that is often asked is regarding giving a police officer consent to search your vehicle. The short answer to this question is, NO! If a police officer is asking you for consent to search your vehicle you can politely decline.
When an officer wants to conduct a vehicle search there are three ways he can go about this, 1. consent from the owner of the car. 2. probable cause 3. reasonable suspicion. The Fourth Amendment of the Bill of Rights protects against unreasonable search and seizure.
Probable cause exists when the officer believes that evidence of a crime could be located in the area to be searched. This can be due to circumstances and under the conditions that a reasonable person would believe that a search would yield evidence of a crime. With probable cause, law enforcement officers may search any area of the vehicle where the probable cause leads them to believe evidence could be found.
If you are asked for consent to search your vehicle and you feel that you have not done anything that would warrant a search, politely decline the search and state that you wish to invoke your constitutional rights to privacy.
However, if anything in "plain sight" looks incriminating, the officer will have probable cause to search your vehicle and can also seize any evidence that is obtained.
If you believe you have been pulled over for DUI in Frisco, you have the right to invoke your fifth amendment rights to remain silent before you speak to an Frisco DUI Lawyer.
No comments:
Post a Comment