Doesan officer have the right to search your car if they only pulled you over for a light being out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Doesan officer have the right to search your car if they only pulled you over for a light being out?
Is a light being out probable cause to search a car? And if so, if they find anything illegal can they use it as evidence or is that considered illegal search and seizure?
Asked on March 16, 2011 under Criminal Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally speaking, a light being out by itself would not be probably cause for a search of the car. But a light being out would be cause for a stop, and then there may be additional circumstances which provide probably cause, such as--
* The smell of marijuana
* Suspicious actions by the driver--like suddenly shoving something under the seat
* Running the plate revealing outstanding warrants against the driver, or that the car was reported as stolen
* What looked to be weapon or bag of drugs in view
* Comments by the driver or passengers
* Etc.
It depends on the totality of the circumtances, and a criminal defense attorney can review the situation to help you determine if this likely a proper search and also what you can or should do. If the search was improper, then it may be possible to exclude any evidence, so this is an important determination to make. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.