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Weekend Appointments Available
Returning Calls 7 Days A Week
Location: 17 S. Barstow St. Eau Claire, WI 54702
Get The Help You Need
Call Us Today!
When the police pull you over at a routine traffic stop or for another reason, they may want to do a search of your vehicle. They will usually ask you beforehand whether that is ok with you. There is a reason for this. If you say yes, you are waiving your right to object to the search, and the evidence that they seize can be used against you.
The best thing is always to say no to a search of your vehicle. You are under no obligation to agree to a search. The officer may execute the search anyway. Courts will usually give more leeway when officers execute searches of vehicles due to the possibility that evidence may otherwise be lost. Officers generally have the right to search your car in the following circumstances:
● They have probable cause to believe that evidence of a crime could be found in your car
● When they have arrested you
● If they have a valid search warrant
● If they believe that their safety is in danger from something in your car
● When they have impounded your car after an arrest
However, you should make the officers defend the legality of the search in court, as opposed to giving them permission yourself. If you consent, you cannot come back and argue that you were the victim of an illegal search.
Don’t worry about trying to earn goodwill points from the officer by saying yes when they ask to search your car. It does not work that way. If the officer finds something in your car, they will still use what they found as evidence, regardless of how they got it. They will not overlook something they find simply because you were trying to be the good guy.
The officer knows when they can and cannot search your car, and you should let them worry about the legality. If they are asking you, they may have their own doubts about whether one of the scenarios described above applies. There is no upside to making it easy for them. You should not worry about "looking guilty." Instead, you should be most focused on protecting your rights and making a possible legal defense of charges easier to mount. Your best bet is to calmly tell them no.
If the police have conducted an unlawful search, you could move to have the evidence that they have taken thrown out as fruit of the poisonous tree. You should preserve this option for yourself by saying no when you are asked to allow the search. It is better not to waive your rights.
If you have been arrested and police have seized evidence, call the experienced criminal attorneys at The Cohen Law Offices today at (715) 514-5051. We are committed to protecting your rights and resolving your case as favorably as possible. You can also contact us online. contact us online.
At Cohen Law Office, we offer free initial consultations to discuss your case further and find the right solution for you. Our team provides the best representation to each client we work with and present the strongest possible defense. Give us a call today to start your resolution in your criminal defense case.
Weekend Appointments Available
Returning Calls 7 Days A Week