If you are arrested after a traffic stop in Decatur or other parts of Georgia, law enforcement officers are NOT automatically allowed to search your car. But, as a matter of practice, the police will have several lawful methods of searching the vehicle, particularly if the vehicle is impounded and towed. If the search uncovers evidence related to your arrest or to other potential criminal charges, then that evidence might be used at your Georgia criminal trial. If you have been arrested, contact us here at Shein, Brandenburg & Schrope at the Federal Criminal Law Center at (404) 633-3797. As your criminal defense attorneys, we can attempt to prevent an unlawful search of your vehicle. Here is a brief explanation.

The basic rule is that the police are not allowed to conduct any search of a vehicle without proper reasons and procedures. This is because the Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. Proper procedure involves properly grounded reasons to suspect that a crime has been committed (or will be committed) or obtaining a written warrant from a Georgia or federal criminal court judge.

Because of this, as noted, the police may NOT automatically search a vehicle after a traffic stop. However, there are several methods that can be used to obtain a search of a vehicle that will NOT violate the owner’s Constitutional rights. These are:

• Visual “in plain view” search of the vehicle — this search is limited to visually looking at the vehicle and at any contents that are “in plain view” from the windows or from an open door
• “Incident to arrest” search — this is a more intensive search of the immediate vicinity where the person was at the time the vehicle was pulled over; this might involve moving objects on the floor or on the passenger seat and is based on safety precautions (locating a weapon) and/or on preserving evidence (finding drugs)
• Voluntary consent by the driver or a passenger — this is a search based on a police officer asking a question like “can I look in the car?” or “can I look in the trunk?” — note, you should NOT consent to a search
• Reasonable suspicion and probable cause searches — if the police officer has a reasonable suspicion that a crime was just committed or was in the process of being committed when the vehicle was pulled over, the police may make a limited search, but not a search of locked compartments (like a glove box or trunk)
• Searches based on warrants — while the vehicle is under police control, the police can seek to obtain a written search warrant from a judge; again, this will be based on probable cause
• Police inventory searches — when the police impound a vehicle, they may lawfully conduct an inventory of what is located in the vehicle; this can be done without obtaining a warrant and is based on the fact that an inventory protects the accused having contents lost and protect the police from accusations of theft

If the police conduct the search in violation of Constitutional rights, then, potentially, any evidence seized during the search can be excluded from use at trial. Your talented Georgia criminal defense attorneys will know what to look for and how to present these kinds of issues to the trial court.

Speak With a Criminal Defense and Post-Conviction Appeal Team Today

For more information, contact the criminal defense and post-conviction appeal team at Shein, Brandenburg & Schrope at the Federal Criminal Law Center. We specialize in both Georgia and federal post-conviction appeals. Our firm knows how to fully assess an individual’s case and how to identify the strongest grounds for appeal. Contact us today by calling (404) 633.3797 or by completing our quick and convenient online form. We are located in Decatur, Georgia, not too far from Atlanta.