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Sumrall & Welch, PLLC
601-533-5551
  • Home
  • About
    • William Andy Sumrall
    • Thomas P. Welch, Jr.
  • Criminal Defense
    • Mississippi Criminal Defense
    • Bails
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    • Drug Trafficking
    • DUI Charges
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  5. When can police perform a search without a warrant?

When can police perform a search without a warrant?

On Behalf of Sumrall & Welch, PLLC | Oct 28, 2022 | Drug Crime Defense |

Getting pulled over by police can be an intimidating experience. Regardless of whether you know why the officer pulled you over, you may find yourself rehearsing what friends and family have told you that you should do if the police pull you over.

One of the most challenging situations is when an officer wants to search your vehicle. While you may know that police need to follow specific rules for a search, it can be challenging to know what to do when facing an officer who wants to perform a search.

This is what you should know about the times police can search your vehicle without a warrant.

Be careful with permission

When an officer asks to look in your vehicle, they often make it sound like you do not need to worry. In some cases, it may sound like a suggestion, such as “Do you mind if I look in your car?”

Police will not tell you when you should ask for a warrant, or if you give them permission, they can look anywhere in your vehicle. While a warrant may have limited an officer to a particular area in your car, such as the trunk, giving permission often means they can search your entire vehicle.

Sometimes they don’t need a warrant or permission

There are also times when an officer can search your vehicle without a warrant, even if you do not permit them, such as:

  • When there is probable cause to believe that evidence of a crime is in your car
  • If the officer reasonably believes you may have a weapon or another dangerous object in your vehicle, and they need to search for their own protection
  • When you are under arrest, and the search is related to that arrest

Remember that while an officer may not be able to search your vehicle during a typical minor traffic offense, like speeding, they could encounter reasons to search your car during the stop. For example, if you have illegal drugs in plain view, it might be enough for the officer to perform a more thorough search.

Facing criminal charges can have a significant impact on your life. It is essential to talk to a knowledgeable professional about your situation.

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