Getting stopped by the police can be a scary experience, especially when you believe you have not violated any traffic laws or driving-related criminal laws, like driving under the influence. Things can become even more terrifying if the officer asks to conduct a search of your vehicle.
However, you have several rights in this situation, and it is essential to know that you do not have to give the police permission to search your vehicle. Unfortunately, most people are not aware of this right and give their consent and allow the police to search their vehicles. It’s always beneficial to consult with an experienced criminal lawyer who can guide you on what to do in such situations.
What Rights Do You Have When Stopped by the Police?
In Toronto and Ontario, a police officer is not allowed to search your vehicle after being stopped unless they have probable cause, such as they smell drugs or see drug paraphernalia or drugs sitting on the dash or seat in plain view.
As long as the officer does not have probable cause, you do not have to allow them to conduct a search of your vehicle. You can politely decline their request by simply telling them you do not consent to the search. If they state they have probable cause, you have the right to ask for an indication or evidence of the probable cause they have. If they cannot provide it, then the police are not legally permitted to search the vehicle if you have refused. In such scenarios, it’s crucial to have the support of a reputable Mississauga criminal law firm to ensure your rights are protected.
How to Handle Police Searches
If they tell you they do not have to give you a reason, they are wrong. In any event, if the police officer becomes agitated, starts making threats, or cannot provide you with legal justification, they must let you go. Your only objective is to remain calm and respectful.
If they instruct you to exit the vehicle, again, they must provide the reason. If they attempt to forcibly remove you from the vehicle and conduct a search, do not get aggressive or attempt to fight back against the police. You have ample opportunity to address the illegal search of the vehicle and conduct by the police through your expert criminal defence lawyer later.
What If the Police Find Drugs in My Vehicle?
If you gave your consent, then they can charge you with an illicit drug offence. If you refused, or the police did not have probable cause, and they still searched the vehicle and charged you with a crime, your criminal defence lawyer can help address any procedural rules and legal rights that were disregarded by the police.
Seeking Legal Help
Please keep in mind that this is a general overview of your rights when stopped by the police and they want to search your vehicle. It is for educational purposes only. For actual legal advice and help defending against illicit drug charges, it’s crucial to get legal guidance from a top criminal lawyer.