Andrewlegal's Blog

Traffic stop turned bad March 24, 2010

Again I write to let people know that when stopped by police they do not need to allow the police to search their car. If they ask it is because they do not have what is known as probable cause to search and want you to give them permission to search the car. It police have probable cause to search they will without asking you. Example. Client just hired me for possession of controlled substance. He was stopped for speeding and allowed police to search his car on request because he thought nothing was there. He forgot however that his wife had gone to the dentist for a tooth extraction three months before. She was in such pain on leaving  the dentist office that they went to the pharmacy and got pain meds. On taking them she spilled two or three on the floor of the car.  They forgot to get them and never thought anymore about it until the other day. Client tried to explain to the officer what happened but to no avail. He now has a court date, had to pay several hundred dollars to get out of jail, has missed work and has hired an attorney to untangle the mess.  If he had only said NO when the officer asked to search he would not be having this problem now. You never have to agree to allow a search of your vehicle. If the officer has to ask it is because he has no probable cause. If you give permission police can tear the car apart if they want. Remember just say NO to the search.