Getting pulled over never makes your day easy. However, it’s even more stressful if the police then ask to search your vehicle. Understanding your rights is vital to protecting your best interests. Please continue reading to learn your rights during a vehicle search in New York and how our skilled Garden City, NY Drug Crime Attorneys can help you fight for justice if your rights have been violated.
What Are My Rights During a Vehicle Search in NY?
When an officer pulls you over and asks you to exit your car, it’s imperative to understand that unless they have probable cause, a warrant, or your consent, they cannot search your vehicle. This is because the Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures. Therefore, to justify a search in New York, the police must have some basis to believe a crime has been committed.
If the police ask permission to search your car, it may seem obliging to agree. However, even if you have nothing to hide, you should never consent to a search. There is a risk that something in your vehicle could lead to criminal charges, even if a passenger left it there. As such, you should firmly and politely inform the officers that you don’t consent to a search of your vehicle without a warrant.
Can an Attorney Help Me if My Fourth Amendment Rights Are Breached?
If a police officer searches your vehicle despite being denied permission, it’s in your best interest to connect with an experienced attorney as soon as possible. A determined Garden City drug crime attorney can examine the circumstances of the search and analyze where your Fourth Amendment rights were breached. If they determine your constitutional rights were violated, they can take legal action to challenge the evidence obtained.
If your attorney finds the search unlawful, they can file a motion to suppress any evidence that was illegally obtained from being used against you in court. Essentially, they can have the evidence deemed inadmissible, which can weaken the prosecution’s case, potentially leading to reduced or dismissed charges.
If a trial is necessary, your attorney can present arguments on your behalf to the judge and advocate for your rights to challenge the legality of the search. It’s important to note that if the illegal search and seizure has resulted in significant damages or violations of your civil rights, you may be entitled to file a civil lawsuit against the police department or the police officers involved.
Being charged with a crime in New York can lead to harsh criminal penalties. At KCS Law, we are prepared to help you avoid detrimental legal penalties in court. Connect with our firm today to learn how we can fight for you during these difficult times.
