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 21^st 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.”