Do i have to let the police search my car

It depends on if the police have probable cause to search your car, but I would always refuse to give permission, because giving permission can be used against you later if your attorney is trying to get evidence suppressed.

The Fourth Amendment of the Constitution, as it is generally understood, protects you from unreasonable search and seizure. Our Supreme Court has ruled on a number of cases involving Fourth Amendment rights and warrantless searches dealing with cars. In the most general of summary, an officer can conduct a search if he or she has probable cause to do so. There may be something in your behavior, the way you are acting, your physical appearance in how you are handling yourself, or the physical appearance of your car that would prompt an officer to search. An important case that addresses your question is Wyoming v. Houghton. It was decided about a decade ago. In Wyoming v. Houghton, 526 U.S. 295 (1999) Justice Scalia wrote for the court and said that if an officer has probable cause to search your car, he or she can also inspect and search a passengers' belongings. But....... Issuing you a traffic citation for turning illegally at a red light does not give an officer probable cause to search you or your car. Traffic violations are not inherently connected to any other criminal activity. Knowles v. Iowa, 525 U.S. 113 (1998). As you can see the situation is very fact specific. You may want to consult a skilled criminal defense lawyer in your locale. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.attorneyqna.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.attorneyqna.com/legal-guides/ugc/what-do-i-tell-my-lawyer Good luck to you. God bless. I am in Chicago and do not practice in your state. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in your state in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Under the recent United States Supreme Court case of Arizona v. Gant, (___ U.S. ____ 2009) police officers cannot search the vehicle if you had not been inside when arrested. So, Gant may not protect you in this situation. Also, Gant does not apply, however, when the police are reasonably searching for evidence of a crime. If you were arrested for giving false information, the police may have been legitimately searching for evidence, depending on the circumstances. Further, Gant does not prevent the police from having the vehicle towed/conducting an inventory search after the arrest. An attorney familiar with the policies and procedures of the court will know the likelihood of negotiating such a resolution given the circumstances of your case. Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.