When a person is stopped by the police while driving, they might ask to search the vehicle. Even if the person doesn’t believe they have anything illegal in their vehicle, the criminal lawyers in Vermont will recommend a person decline the vehicle search. The main reason for this is to put the burden of proof on the police if anything suspicious is found in the vehicle.
Burden of Proof
If a person gives the police permission to search the vehicle, there is usually nothing about this to be argued in court. Any evidence found will be admissible in court. However, if they decline the search and the officers search the vehicle anyways, they must then prove they had probable cause to search the vehicle.
The officers will need to show there was a reason they wanted to search the vehicle beyond just wanting to. An attorney can then argue the police did not have probable cause and there’s a chance the evidence could be suppressed in court.
What Could Be Found
Even if a person doesn’t believe there’s anything in their vehicle, if they had drugs or other illegal items in their vehicle at any point, there could be a little bit still inside that they didn’t see when they cleaned the vehicle. The police may find this during a search and they will be arrested.
There have been cases of people who are innocent being arrested after a search. One valedictorian purchased a used vehicle and was arrested shortly before graduating high school because they consented to a search and the officers found a marijuana seed from the previous vehicle owner underneath the carpet in the vehicle.
In another case, a man was arrested and charged with possession of drugs, which turned out to be icing from a donut after it was tested. Though these cases are rare and were eventually dropped, the arrest and hassle of fighting was still a lot to deal with.
If you’ve had your vehicle searched and were arrested as a result, contact a criminal lawyer in Vermont for help. They can review the traffic stop, the search, and the evidence collected to help you fight the charges you’re facing. If you’re ready to speak with a lawyer now, visit the website for Jason J. Sawyer, Attorney & Counselor At Law.
