I was pulled over for a broken tail light a couple weeks ago. The police officer smelled marijuana on me and asked to search my car. I said i don't agree with hat but they went ahead and search it anyway but ended up finding nothing. They then performed field sobriety tests all of which I passed. No charges were pressed but couldn't I have contested a car search?
What are my rights against contesting a police officer from searching my car?
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Answer: (1)
The privacy rights of your car are quite different compared to your home. Basically, a police officer can search any vehicle that they feel has probable cause of "evidence" leading to criminal activity. Even if you say no, they will move forward with th search if they suspect anything, such as the smell of marijuana. Furthermore, they're able to hang onto evidence they find without a warrant being present. It would be best to comply with a police officers request to search your vehicle unless you feel that its far beyond reasonable means.
Posted by Staff Writer on 21 Jan 2010