Illegal Search of Auto Attorney in Denver, Colorado
When is it legal? When is it illegal to search my car? If a trooper pulls you over without probable cause and has no reason to believe that you are involved in any illegal activity, the officer cannot search you, your passengers or your car.
If a trooper pulls you over for probable cause and has reason to believe that you or your passengers are involved in any illegal activity, the officer can search you, your passengers or your car. But, he must follow certain protocol in that search.
If you have been charged with any criminal offense and feel the evidence obtained against you was collected illegally, contact my Denver office for a free confidential case evaluation to discuss your concerns and how I might be able to help you.
Philip M. Smith • Attorney • Denver, Colorado
Illegal Search of Auto in Colorado
Free Consultations • Call (303) 333-8900 • Email
Illegal Auto Search Example: You are driving down the mountain from skiing; you are tired and are driving slightly over the speed limit.You get pulled over for speeding and are given a ticket. If in the process of writing that ticket the officer sees a pipe and smells a suspicious odor in your car, he can search you, your passengers and your car for marijuana, regardless of whether or not you produce a medical marijuana card.Generally, this is a legal search.
If during this traffic stop the trooper is advised that you or a passenger is a fugitive and there is an outstanding warrant from a Colorado jurisdiction or another state, he does not need probable cause to search you, your passengers or your vehicle. Depending on the circumstances, you may be held for bond, extradition, or possibly to be picked up by the jurisdiction holding the warrant. The car will likely be impounded. All evidence and property will be seized including weapons, drugs, paraphernalia or contraband of any kind. This is a legal search.
Illegal Auto Search Example: You and your friends are sitting in your automobile in the parking lot of the city park peacefully watching the ducks in the lake. An officer comes up to your car, asks you to step out, frisks you, and wants to search your car because he has a hunch you are up to no good. He can’t search your car without your consent. He has no reasonable suspicion of criminal activity and no probable cause. An officer cannot arbitrarily stop or search a car, truck, or vehicle for the sake of investigation or interrogation of other crimes.
Call my office today for a free confidential consultation
Denver Colorado Attorney Philip M. Smith
Legal searches are complex and the facts of each case determine whether the evidence is admissible. All of these are sketches of possible searches. The laws on automobile searches is constantly changing and law enforcement has very specific guidelines on what is within there authority to legally search you, your car or passengers in your car. They may have seized your property illegally and it is my experience as a former judge and district attorney and now as a private defense counsel that will help sort out what is admissible in court and at trial.
Contact My Law Office
If you need a Criminal Attorney to discuss an Colorado illegal search or seizure or if you have questions about an illegal search, I encourage you to contact me, Illegal Search of Auto Denver Colorado Criminal Defense Lawyer, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.