For the last 28 years, police officers have been taught that they may disregard an occupant’s privacy interests and search a motor vehicle incident to any arrest. However, in the landmark decision of Arizona v. Grant, the United States Supreme Court struck down this broad practice as being unconstitutional under the Fourth Amendment’s prohibition against unreasonable warrantless searches. Consequently, law enforcement does not have an entitlement to search your car, but rather they have the ability to do so only when certain conditions have been met.

There are several factors that influence whether or not the police may search your vehicle. If an occupant of the vehicle is arrested, the police may search the vehicle when (1) the person arrested has reasonable access to the vehicle or (2) the vehicle contains evidence of the offense of arrest. The character of the offense leading to the arrest and the location and custody status of any occupant who is arrested are also highly critical toward determining whether the police have the ability to search your vehicle. Because evidence gathered in many searches carried out by police officers may be suppressed depending on the conditions of your arrest, it is imperative that you seek out qualified counsel to represent your interests. Michael S. Carrillo will assess the conditions surrounding your arrest and work hard for you to make sure that your personal privacy and Constitutional rights are not violated. Give him a call immediately at (323) 600-5393 for a free consultation.