Madelyn DaleyAttorney at Law
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When can authorities search your car without a warrant?

On Behalf of | Nov 22, 2021 | Drug Crimes |

During an Illinois traffic stop, the law enforcement officer who pulls over your car may ask to take a look around your vehicle. Depending on circumstances, you may be able to refuse the officer’s request to search your vehicle. However, in other situations, you may have no choice but to let the search move forward.

According to FlexYourRights.org, the following is true when it comes to when you do and do not have to allow authorities to search your vehicle.

When you must allow for a search

If a law enforcement officer comes to your home and wants to take a look around, that officer must have a warrant to do so without your permission. However, the bar is lower when it comes to searching your car. If an officer lacks a warrant and you do not consent to the search, he or she may still perform one if something called probable cause is present. Probable cause is some type of proof or evidence of wrongdoing taking place and must involve more than just an officer’s suspicions.

When you may refuse a search

If the officer who stops your car has no warrant and no probable cause and you do not want the search to occur, you have the right to refuse it. It usually benefits you to stay calm and polite not only when refusing the search request, but when interacting with law enforcement, in general.

Keep in mind that law enforcement officers may not tell you that you have the right to refuse their search requests and may use tricky language to coerce you into allowing a search to take place.

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Madelyn Daley, Attorney at Law
123 West Main Street
Belleville, IL 62220

Phone: 618-509-9724
Fax: 618-233-9039

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