TICKETS and CAR SEARCHES
By
MARY DE LA PEÑA, Esq. author of A Layman’s Guide to Criminal Defense
“Can the cops search my car after
giving me a ticket?”
This is a question that comes up all the
time by the public. Nothing is more bothersome than being held on the side of a
busy highway to get a ticket that may, or may not be deserved. Then having the
officer hold everyone while a dog sniffs the car, only to have the officer
search the car, removing everything from the inside of the car, and go through
a woman’s purse.
“Is this legal?”
On April 21st of 2015, the
United States Supreme Court gave a resounding answer to that question. The
answer is:
NO!
It is no longer legal for officers
to hold a person longer than it takes to issue a ticket—
UNLESS you
are ignorant enough to give the officer permission to search.
In United
States v. Dennys Rodriguez, the United States Supreme Court decided that an
officer cannot leverage a traffic stop into even a dog sniff. To do that is a violation of the Fourth Amendment to be free from unwarranted searches. The two exceptions are if you give them permission to search or they have a
clearly articulate reason to believe that the person they stopped has committed
a crime and the evidence of that crime is contained in the car.
What does this mean to the general public?
It means that unless you give the officer
permission to search your car, they cannot
search!
So, if you are stopped by the side of the
road, and the officer gives you back your registration, license, and ticket,
and then says,
·
“Are you carrying anything illegal?
·
And do you mind if I check for myself?”
You need to answer loudly and clearly, but very
politely,
“No,
sir, I have nothing to hide, but you cannot search my car with or without the
dog.”
You have every right
now, as supported by the Supreme Court, to not have your car searched by the
officer. But, remember, courtesy goes a long way in getting you back in your
car, and traveling down the highway.
Remember, a traffic
ticket is no longer an open door for officers to search your car, unless
you give them permission to do so.
So, let’s all practice
saying,
“No you may not search my car, and
no, sir, I have nothing illegal in my car, but you still cannot search it.”