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Conway Criminal Law Blog

When is a vehicle search and seizure legal?

While officers have a wide array of abilities and responsibilities pursuant to the traffic stop, there are rights the motorist has that they should vehemently protect and reserve. The Fourth Amendment is one of the greatest protections for an individual against the overarching powers of the state. Under the Fourth Amendment of the United States Constitution, police officers are prohibited from searching your vehicle for evidence of drug possession/trafficking without probable cause. Any evidence obtained from an illegal search will likely be thrown out of the case by the court, and, therefore, cannot be used against you.

It is important to note that there are circumstances where an officer is legally allowed to search your vehicle after a traffic stop. Generally, one of the following is required for a search of your vehicle:

Many individuals have condemned themselves to facing a criminal prosecution by not knowing and protecting their own rights. A criminal defense attorney can help you understand your rights and determine if police officers have violated them in any way.