Search and Seizure of Your Car

Solano County Search and Seizure Lawyers

Vehicles are often the subjects of searches and seizures conducted by law enforcement. Upon pulling over a driver for a traffic offense, an officer may have reason to believe that the driver has committed another criminal offense, related or unrelated. The officer may then search part or all of the vehicle. A car, truck, SUV, motorcycle or other vehicle may also be named specifically in a search warrant during a criminal investigation.

However, not all vehicle search and seizures are conducted lawfully. If you or someone you know has been the victim of an unlawful search and seizure, you have the right to an attorney. Our Solano County criminal defense lawyers can help you by investigating your case and determining how to prove that the search and seizure of your car was actually unlawful. In doing so, a lawyer may be able to have evidence obtained during the search excluded from being used as direct evidence against you in court.

Vehicle Search and Seizure – How an Attorney Can Help

For example, Joe is driving home from work, when he is pulled over by Officer Stevens. As far as Joe knows, he was not breaking any laws and was driving the speed limit. Officer Stevens asks Joe to get out of the car. The officer then proceeds to search the interior of the car, including the glove box and the trunk. Officer Stevens finds several grams of marijuana and a large amount of money. Officer Stevens then arrests Joe on suspicion of drug possession and drug sales.

While the officer may have located actual evidence of drug possession at the very least, this may have actually been an illegal search and seizure. The officer did not have probable cause to believe that Joe was committing a criminal offense of any kind, other than perhaps a hunch or a “feeling”. This is not enough to warrant a search and seizure. If Joe works with an experienced attorney, it is possible that he can move to have the marijuana and cash suppressed from being used as direct evidence against him.