If you are stopped by the police and your car is searched for drugs it is crucial that you understand your rights to ensure that you are treated fairly and law enforcement does not violate your rights throughout the process. Your right to privacy is enshrined in the U.S. Constitution but there are several other rights that you can invoke when your property is being searched. For more information and to discuss your case, reach out to a knowledgeable Memphis drug crime lawyer today.
What Are My Rights if My Car is Being Searched for Drugs in TN?
When your car is searched for any reason it can feel like a major violation of privacy. It is important to keep in mind that you have the ability to exercise several rights during any situation involving the police or other government agencies. Consider the following.
- The right to avoid unreasonable searches and seizures: The Fourth Amendment of the United States Constitution gives individuals in the U.S. the right to be secure against unlawful or unreasonable searches and seizures of their property. This means that unless the police have a search warrant or probable cause that you have committed a crime and evidence can be found in your car, they cannot search your vehicle.
- The right to refuse consent: If the police do not have probable cause or a search warrant, they may try to circumvent your right to avoid unreasonable searches by asking permission to search your vehicle. You have the right to refuse and should do so. If asked, tell them that no, you do not consent to your car being searched or entered.
- The right to remain silent: If the police do have probable cause or a valid search warrant, the most important right you should invoke during the search is the right to remain silent. The Fifth Amendment states that no person can be compelled to be a witness against themselves, meaning they cannot be forced to incriminate themselves for any crime. You do not have to answer any questions from the police regarding where you are going, what is in your car, what any evidence they find is, etc. Keeping quiet is in your best interest regardless of whether drugs are present or not.
- The right to challenge evidence: If the police do collect evidence of illegal drug possession from your vehicle, you have the right to challenge the information. If the police conducted the search illegally or acted outside of the scope of their authority when collecting the evidence, you and your attorney could petition the court to suppress the evidence. If you can prove that it was obtained illegally the court may deem the information inadmissible.
If the police are searching your vehicle or investigating you for a drug-related crime you may be frightened or concerned but it is imperative that you understand and exercise your rights. Contact an attorney at Ballin, Ballin & Fishman, PC to discuss your situation today.
