Getting pulled over by an officer can be scary to begin with. It can be particularly stressful when they ask to perform a vehicle search. This is a situation where innocent people get caught up in a troubling situation.
Vehicle Search: What to Say if the Police Want to Search Your Vehicle
In the state of New Jersey, you’re entitled to the protections of an unlawful search and seizure. If the police wish to search, for example, your home and they don’t have a search warrant, don’t give them access to your home. If they do have a search warrant, hire an attorney to see if that warrant was properly issued. However ordinarily, automobile searches don’t have that same type of criteria, because an automobile stop is usually a spontaneous event, so vehicle search warrants in automobile cases ordinarily are not part of the case.
However, if an officer wishes to search your car, you do not have to agree to that. Then the person who is seeking the consent to search, the police officer, would then have to try to get a search warrant. They can try to get a telephonic search warrant which would require them to call their boss, their boss to call a judge, and for the judge to then hear the reasons for the issuance of that warrant. Then, in that instance they can proceed with a vehicle search.
Vehicle Search: Police Found Illegal Items in a Vehicle Search
In the state of New Jersey and you’re stopped by the police and the police wind up searching your motor vehicle, and then you get charged with an offense such as possession of marijuana or possession of cocaine or some other type of illegal possession, please give me a call. You are entitled to the protections of the constitution, on not only the 4th Amendment, Unlawful Search & Seizure, but also the 5th Amendment, if you said anything to the cop. It might be that your stop was illegal in the first place, it was not based on probable cause. I handle hundreds of cases like that every year and I’d be happy to talk to your vehicle search case.
If you need legal representation following your vehicle search, please call our New Jersey criminal defense attorneys. We offer free initial consultations and provide support and guidance to good people caught up in bad situations.