{"id":1142,"date":"2020-08-06T06:17:05","date_gmt":"2020-08-06T10:17:05","guid":{"rendered":"https:\/\/trafficticket-ny.com\/?p=1142"},"modified":"2020-08-11T11:29:47","modified_gmt":"2020-08-11T15:29:47","slug":"when-can-a-police-officer-search-your-car-in-new-york","status":"publish","type":"post","link":"https:\/\/trafficticket-ny.com\/when-can-a-police-officer-search-your-car-in-new-york\/","title":{"rendered":"When can a police officer search your car in New York"},"content":{"rendered":"
It happens quite often that a person is stopped by a police officer in New York and has their vehicle searched. While there are many situations where a police officer has every right to search a vehicle, there are also instances when they don\u2019t.<\/p>\n
Understanding your rights can come in handy, and possibly help you get out of a charge that has been laid against you, and even possible jail time.<\/p>\n
During a traffic stop, a police officer always has the right to peer through your vehicle\u2019s windows, and look at the driver and the passenger seat in the front. Often times they\u2019ll use a flashlight. <\/p>\n
Police officers often do this to check whether or not there\u2019s something in plain sight, and also just for their safety. They can only do a full search of your vehicle under a few different circumstances.<\/p>\n
This is a difficult question to answer, as it depends on many factors. If this happens, the best advice would be to stay quiet and seek an attorney when you have the chance.<\/p>\n
In order for an officer to have the right to search the trunk of your vehicle, they must have probable cause. <\/p>\n
While the trunk is considered separate from the vehicle, the officer must have probable cause related to the trunk itself. If police dogs smell something suspicious inside the trunk, the officer may conduct a search. <\/p>\n
The same rules apply to a parked vehicle. The officer still must possess a warrant, reasonable cause, consent, exigent evidence, or see something in plain sight. <\/p>\n
Without these, the officer is not within his rights to search your vehicle.<\/p>\n
The accident itself is not probable cause to search a vehicle. However, if the reason behind the accident warrants a vehicle search, then they will conduct one. <\/p>\n
Different circumstances could be drug-related, or alcohol-related. However, if the accident was simply an accident involving no illegal activity, the police cannot search your vehicle.<\/p>\n
If you\u2019re being pulled over for reckless driving, while being under the influence, an officer can search your vehicle. However, there are stipulations to this. They can only legally search the parts of the vehicle in which the driver could attain a weapon or an instrument that could cause harm to the officer.<\/p>\n
The short answer is, yes. The police officer may ask a driver to step out of their vehicle for safety reasons. If an officer makes a stop on a busy highway, he may want to do the questioning on the side of the road away from the traffic. <\/p>\n
If the officer asks for this, you must comply. It is completely within their rights.<\/p>\n
If you feel as though an officer has performed an illegal search of your vehicle, the next step would be to contact an attorney. <\/p>\n
You can schedule a free consultation and discuss whether or not the officers were within their rights to conduct the search. If not, your attorney will decide the proper steps to take.<\/p>\n","protected":false},"excerpt":{"rendered":"
It happens quite often that a person is stopped by a police officer in New York and has their vehicle searched. While there are many situations where a police officer has every right to search a vehicle, there are also instances when they don\u2019t. Understanding your rights can come in handy, and possibly help you…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"none","_seopress_titles_title":"When can a police officer search your car in New York.","_seopress_titles_desc":"You should know the law regarding police searhing your car in New York.","_seopress_robots_index":"","footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/posts\/1142"}],"collection":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/comments?post=1142"}],"version-history":[{"count":3,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/posts\/1142\/revisions"}],"predecessor-version":[{"id":1148,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/posts\/1142\/revisions\/1148"}],"wp:attachment":[{"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/media?parent=1142"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/categories?post=1142"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/trafficticket-ny.com\/wp-json\/wp\/v2\/tags?post=1142"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}