A large portion of the population has had it happen: you’re driving along jamming out to your favorite station when you notice flashing lights in the rearview mirror. Being pulled over is never an enjoyable experience. At A-1 Bail Bonds, we understand the stress that ensues once a traffic stop has commenced. As a top-tier bail bondsman in Elkhart, we’ve seen it all in our time! In fact, a number of clients that request our bail bonds services have done so after an unfortunate meeting with traffic enforcement officers. While we do not condone drinking and driving at all, we understand that citizens can be flagged and bagged regardless of their intoxication levels.
Today, we’ll start to cover the rights that drivers can utilize to protect themselves from unnecessary police interactions. While being cordial and polite to officers is a well-founded practice, it is important to know about your constitutional rights.
Unreasonable Searches And Seizures
The Fourth Amendment has been at the center of many court cases and horror stories throughout our country’s history. In essence, you have the right to say no to a search of your vehicle. If an officer asks for permission, it is typically because he/she does not have probable cause but is still suspicious of your vehicle’s interior items. Probable cause is defined as evidence that an officer observes where the evidence suggests that you are in fact taking part in an illegal activity. Without probable cause, the police cannot search your vehicle. Officers can search your vehicle when they obtain a warrant, which can be a time-consuming procedure that often passes the threshold for how long American citizens can be detained. If they were to search your vehicle without the proper clearance, all evidence in your case would be thrown out in court per The Fourth Amendment.
One interesting part of traffic laws is the plain view doctrine, which states that law enforcement can seize evidence without a search warrant if that evidence is in plain view in your vehicle. Once something suspicious, such as a weapon or drug paraphernalia, is found, the rest of your vehicle can now be searched in the effort of finding more illegal items. If you have empty bottles in the backseat, that is enough to warrant a search. Although probable cause has been established, the search for more evidence must be in accordance with the original item found. One example would be when an officer finds alcohol in your car. Searching in your wallet for evidence would be a no-no because this search can still be deemed as unreasonable.
It is also important to note that this doctrine extends to olfactory evidence collected by law enforcement. If an officer or drug-sniffing dog smells something suspicious during the traffic stop, they can then search your vehicle without a warrant.
If you are pulled over by law enforcement, there are a number of rights that the Constitution affords its citizens. If you happen to be jailed after a traffic stop, we can help! A-1 Bail Bonds provides reliable 24/7 service with experienced bail bond agents. If you’re looking for a trusted bail bondsman in Elkhart, Indiana, contact us today so that we can get started on getting everyone’s lives back on track.
