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Attorneys Jonathan L McGrady and Joseph H McGrady

When do authorities have the right to search your vehicle?

On Behalf of | Jul 22, 2022 | Criminal Defense |

When Virginia authorities find illegal drugs in your vehicle during a traffic stop and vehicle search, you may face any number of different drug-related charges. However, a law enforcement officer has to have either your permission or legal grounds to conduct such a search, and in the absence of these circumstances, you have the right to refuse an officer’s request to look around your car.

According to FlexYourRights.org, whether an officer has the right to search your car during a traffic stop when you do not consent to it depends on whether that officer has something that serves as “probable cause.”

What might count as probable cause

To have probable cause to conduct a search of your car, a law enforcement officer must have evidence of wrongdoing or something illegal happening. If the officer sees something stolen or something illegal within plain sight, this may give him or her legal grounds to search your car even if you do not want the search to take place.

What happens when there is no probable cause

Without probable cause, your consent or a warrant, you do not have to let the officer’s proposed vehicle search take place. Let him or her know that you are not consenting to have your vehicle searched and then ask if you are free to move on with your day.

No matter what, exercise courtesy and restraint when interacting with law enforcement. Keeping your cool may go a long way as far as keeping you out of trouble or minimizing any trouble you may find yourself in.

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