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Search and Seizure from Vehicle

There are many situations in which a police officer can pull a vehicle over and search it for illegal substances.  According to the fourth amendment a police officer is allowed to search the interior of a vehicle (including the glove compartment) if the operator of that vehicle has been pulled over for a traffic violation.  However, the trunk of the car can only be searched if the officer has probable cause to believe that there are illegal substances hidden there.  Impounded vehicles, on the other hand, can be totally searched and the contents catalogued for use in future court cases.

Example 1:  You have been pulled over for a minor traffic violation and the police officer sees a bag filled with an illicit substance on your passenger side seat.  The officer may then have probable cause to detain you and/or search your person and the rest of the vehicle including the trunk.

Example 2:  You have been pulled over without a driver’s license and your car has been impounded.  The police then search your car and find a bag of marijuana hidden in your trunk.  At this point you may be charged with possession of an illegal substance.

Example 3:  You have been pulled over for a DUI and the police officer asks you to step out of the car in order to perform a search on your person (a pat-down).  The officer finds methamphetamines in your pocket and you are then detained and your car impounded.

Example 4:  Your car is parked outside of a store that you’re in and a police officer chooses to look in your car window and sees drug paraphernalia in plain sight on the passenger-side seat.  The officer waits for you to come back to your car and performs a search of the rest of the vehicle.

Certainly, in all of these examples, the police had probable cause for a search and seizure.  However, many of these same situations are filled with issues that can be litigated.  It is up to you to find suitable representation so that these issues can be brought to the court’s attention as soon as possible.  Only a qualified Criminal Defense Attorney who specializes in drug-related crimes has the experience necessary to file the right motions with the court and ask the right questions of the police officers involved to generate these issues.

Erich Shrefler

If you live in Maryland and you or a loved one has been charged with the possession of an illegal substance, please visit the website of Jimeno-Gray Maryland Criminal Defense Attorneys today allow the attorneys to hear the details of your case.

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