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Home > Indianapolis Traffic Stop Search and Seizure attorneys

Indianapolis Traffic Stop Search and Seizure attorneys

Searches and Seizures During Traffic Stops

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures of their person and property, including their cars. When police pull you over for a traffic stop, they must respect the Fourth Amendment and refrain from any unreasonable searches and seizures. However, what is reasonable varies from case to case, and you may find that the police do find reason to search your vehicle while stopped for a traffic violation. An attorney experienced in traffic law can explain in detail which traffic-stop searches are reasonable and when the police may cross the line.

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Traffic Stop Search and Seizure Rules

To be considered a "search," police activity must intrude on personal privacy. If the police see something in plain sight, such as a weapon on the dashboard or drugs sitting out on the passenger seat, that does not constitute a search and there are no constitutional protections. However, looking in the glove box for weapons or drugs is probably a search. The difference depends on whether there is a "reasonable expectation of privacy" involved. There is no reasonable expectation that items on your dashboard will be private, but there is arguably such an expectation for your glove box or trunk.

Searches conducted pursuant to a judge-authorized warrant are generally deemed reasonable, unless the warrant was improperly obtained. A search warrant must describe the area to be searched and what the police are searching for. The search must be reasonable in relation to the evidence sought. Evidence gathered pursuant to a proper search can generally be seized if it relates to the crime being investigated. Usually, but not always, if a seizure is invalid, it is because the seizure was preceded by an invalid search. It is important to have an attorney protect these rights and help attack invalid searches.

Exceptions to the Warrant Requirement

Sometimes, police can conduct a search in conjunction with a traffic stop without a warrant. Such searches may be lawfully conducted in the following situations:

Consent: If the driver or the car owner consents, police can search the area to which the consent applies.
Probable Cause: Police can search when they have reliable information that would lead a reasonable person to think it is probable that the search will yield evidence.
Immediate Control: Police can search the areas within the driver or passenger's immediate control to secure the area.
Emergency: The police are concerned about destruction of evidence or possible injury if the search is delayed.

Evidence of Other Crimes

In some cases, evidence found during a traffic stop will be used to charge or convict the driver of another, more serious crime, such as a drug or weapons charge. If the constitutional limits were not adhered to by the government, however, the evidence may be deemed inadmissible and the charges may be dismissed or not be provable. An experienced criminal defense attorney can advise his or her clients about the evidence against them may have come from an improper search or seizure and answer all other questions regarding the criminal justice process in traffic and related criminal law cases.

Conclusion

The police may legitimately search persons and property, including vehicles, and seize both persons and property, either with or without a warrant if the circumstances justify their actions. If they act without probable cause, however, or exceed constitutional limitations on their actions, both searches and seizures may be deemed invalid and any evidence gathered this way may be tainted and thus inadmissible. If you have been subjected to a police search or seizure in connection with a traffic stop and have questions about whether the police may have violated your constitutional rights, contact a knowledgeable traffic law and criminal defense attorney now.

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