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In order to establish probable cause, the police need reasonable suspicion that a crime has been committed or is being committed, supported by articulable facts.
In the context of a drug search, that might include observations of people coming and going from a home, people leaving a home with drugs on them, or a tip from an informant.
Yes, police may search your vehicle without a warrant, so long as they have probable cause to do so. In rare cases, such as when your vehicle is impounded after a DUI stop, police may search your vehicle without probable cause, simply to check for dangerous objects, explosives, or anything that could cause harm at the impound lot.
But in all other cases, the police simply can not pull you over and search your vehicle for drugs at random. They must have a facts-based reason for the search or else have a warrant.
Attorney Matthew Cargal is a practiced, determined criminal defense attorney serving California. Since 1992, he’s helped clients just like you protect their rights after a search of their person, vehicle, or home for drugs by California police.
Have questions, or in need of skilled legal representation? Reach out to The Law Offices Of Matthew Cargal for an initial consultation today.
If the police do not have a warrant or do not have probable cause to search you, you may legally refuse to consent to a search. However, in reality, even if you verbally make it known that you do not consent, police will likely search you, your car, or your home anyway.
In this case, it is best to stand aside and allow the search to continue. Interfering or trying to prevent the search could lead to further charges and legal problems.
Trying to stop or interfere with an investigation when the police have shown you a warrant can make your case far more complex and difficult to defend.
When the police have a warrant or claim to have reasonable cause, it’s better to allow a search to continue and later have your attorney file a motion to suppress evidence from a potentially unlawful search.
You should call an attorney immediately, especially if your house has been searched. It’s quite common for police to come back to a residence after they find something, assuming they’ll find even more the next time. They may also try to keep an eye on you in hopes of being led to other individuals involved or in hopes of making you an informant.
Getting an attorney’s help immediately ensures you have a guide to help you handle all of this and ensures you understand and can exercise your rights. Proactive representation also protects you from manipulative interrogations or efforts to turn you into an informant, which can be incredibly dangerous and is not something that I recommend to my clients.
For more information on your rights during and after a drug search in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4804 today.
Attorney Matthew Cargal is a practiced, determined criminal defense attorney serving California. Since 1992, he’s helped clients just like you protect their rights after a search of their person, vehicle, or home for drugs by California police.
Have questions, or in need of skilled legal representation? Reach out to The Law Offices Of Matthew Cargal for an initial consultation today.