Can the Police Search My Car After I am Arrested?

Can the Police Search My Car After I am Arrested?

In a recent case decided by the United States Supreme Court, it has ruled that the police may conduct a vehicle search incident to a recent occupant’s arrest only if the arrested individual is within reaching distance of the passenger compartment or it is reasonable to believe the vehicle contains evidence of the offense leading to the arrest. If these justifications are absent, a search of an arrested individual’s vehicle must be accompanied with a search warrant unless another exception to the warrant requirement applies.

In other words, if an individual is arrested for driving with a suspended license, the police can no longer rummage through the vehicle to find evidence of other criminal wrongdoing unless the driver/arrestee is within reaching distance of the passenger compartment. Also, this recent decision by the United States Supreme Court means that a police officer can no longer arrest you, place you in his police car, and then search your vehicle unless it is reasonable to believe the vehicle contains evidence of the offense leading to the arrest.

Despite the recent changes in the law, a police officer can always search a vehicle if the driver consents to a search. It is imperative that a driver always refuse a consent search of his vehicle even if he or she believes no incriminating evidence is present in the vehicle. Also, police officers often circumvent the warrant requirement by simply towing your vehicle and then doing an inventory search of the vehicle, which is allowed. It is important to understand your rights and exercise them. If you are stopped and arrested, it is vital that you refuse to answer any questions, refuse to give consent to search your vehicle, and request to speak with a lawyer.

If you or a loved one had been arrested as a result of a vehicle search, contact Henderson & Waterkotte, P.C. today to schedule a free consultation.