You see lights in your rearview, your heart starts to pound as you pull over. After providing your license and registration the officer asks to search your vehicle. What should you do? What are your rights in the state of Florida?
Can Police Search Your Vehicle Without a Warrant?
The Fourth Amendment of the US Constitution is meant to protect citizens from unlawful police searches and seizures. This law applies not only to your property, but also to your vehicle.
In Florida, federal and state laws protect you against unlawful and overly invasive searches. In the majority of cases, searches are deemed unlawful in the absence of a court-authorized search warrant.
What if My Vehicle is Searched without a Warrant?
In this case, evidence obtained as a result of this illegal search may be inadmissible in court. This includes both physical as well as observational evidence of any criminal activity or wrongdoing.
When Can Florida Police Search Your Car Without a Warrant?
Law enforcement officers are allowed to search your car if they have ‘probable cause’ to do so. For example, if they smell drugs or alcohol, see contraband (such as a firearm), etc., or if they caught you in the act of committing a crime.
Other Circumstances Include:
- If you give consent
- Incident to Arrest
- Emergency purposes
- When Can You Do?
In the absence of probable cause or any of the items above, police do not have a right to search your vehicle without a warrant. If they ask, politely decline permission.
