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"Buddy Can I search Your Car"?

Posted by Raymond Kimble | Nov 05, 2015 | 0 Comments

Recently, I've represented a number of clients who have been stopped by police for minor traffic violations only to be arrested for possession of marijuana or other drugs.  People should be aware that the 4th Amendment of the United States Constitution protects them against invasions of their privacy by police. Specifically, the 4th Amendment states that "people to have aright to be secure in their persons, houses, papers and effects against unreasonable searches and seizures."

There are very limited instances where police are able to search your vehicle.  These include:

  1. Consent - where you give them permission
  2. Warrant - where police apply for and obtain a court order to search
  3. Arrest - Police can search you car following an arrest they are going to tow and impound it.
  4. Emergency - In limited circumstances, police can search a vehicle if they have probable cause.  This is known as the "exigency exception to the warrant requirement."

If you are stopped and police ask to search your vehicle, you are well within your rights to say "no."   Of course, you may be detained while a warrant is obtained or subject to a search anyway if there is probable cause.  However, simply granting the police permission may limit your attorney's ability to defend you against subsequent criminal charges.  Some possible defenses which are available when police arrested you after searching your vehicle include:

  1. That your consent was not voluntary or freely given
  2. That police unreasonably detained you in preparation to search your car or while waiting for a canine
  3. That the warrant obtained by police was faulty
  4. That police searched your vehicle following an arrest in violation of established case law.

If any of these issues arise, evidence obtained by police following a car search can be challenged in court through a Motion to Suppress.  In a Suppression Hearing, prosecutors and police must demonstrate that their actions were lawful. 

If you or someone you know has been arrested following a search of their vehicle, you have rights.  Contact my office at 480-833-8613 anytime for a free consultation to discuss the facts of your case as well as any possible defenses.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.

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