What are my rights regarding a search of my vehicle?
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What are my rights regarding a search of my vehicle?
I recently got pulled over for a cracked windshield, the officer gave my friend(the driver) the information back and said “get that fixed” and walked away from the car. He then came back seconds later and asked “just out of curiosity, where are you guys headed from?” we answered “we had a concert in denver.” The officer then asked “Do you have any illegal narcotics in the vehicle” we all answered “no” and he responded “Do you mind if I search it then?” We all remained silent and he responded again with “I have a k-9 unit right down the road if your not going to cooperate”. Were my rights violated by being given no other choice then to let him search my vehicle? There was no probable cause except a hunch.
Asked on April 23, 2013 under Criminal Law, Wyoming
Answers:
Maury Beaulier / MinnesotaLawyers.com
Answered 11 years ago | Contributor
Generally, any search requires a warrant unless it falls within one of the enumerated exceptions to the warrant requirement. One exception is exigent circumstances. Another is consent.
In the scenario you postt, you consented. You did not have to allow the search to occur. Stating that he has a canine unit up the road also does not force your to consent. If you allowed a search, you likely should nothave.
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