Can The Police Search My Car?

by markwieczorek on August 30, 2010

in General Criminal Law Issues

No. In most situations the police need either your consent or a search warrant to search your car unless they have a reasonable suspicion of criminal activity.

The sufficiency of any search warrant can later be tested to see if it was properly attained. However, if you give consent, any defects in procedure or evidence will probably not help your situation and the search will probably be allowed.

If you are stopped by the police in your vehicle, you have the right to decline to let them search your car.  However, the police may have the legal right to search. If the search is later deemed unconstitutional, anything they found cannot be used in court. Unfortunately, if you consent to the search, the items found will likely be used against you, even if they had no legal right to search.

If you or a loved one has been arrested in Hamilton County or in the Greater Cincinnati Area, call the attorneys at Suhre & Associates at 513-333-0014.  The call and initial consultation is free and there is no obligation.

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