Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

If you are stopped by the police and they indicate that they are going to search your vehicle, your main concern should be avoiding giving permission. Yes, you are “allowed” to refuse. But that does not mean that the police will listen to you. If you refuse to let the police search and they indicate that they are going to search the car anyway, you should not then physically try to stop them. Just assert your rights and let the police take it from there.

Are Police Allowed To Search A Car Without A Warrant And Can They Only Search Plain Sight?

The police are not allowed to search your car randomly pursuant to a traffic stop. Police would only be allowed to search your car if they had reason to believe there was contraband in the car or if they saw something in plain view. In addition, they would be able to search your vehicle if they had grounds to arrest you, say for DWI, and then could conduct a search of your car incident to that arrest.

Can Someone Be Charged With Additional Crime If They Saw Something In Plain Sight, Like An Open Container Of Alcohol?

Very simply, the answer is yes. A person could be charged with any observed violation of the law.

For more information on Refusing A Vehicle Search, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161