Warrantless Car Search in Gun Cases

If you are being charged with a gun crime on evidence found in your car, the issue of whether your 4th amendment rights were violated should be closely looked at. Warrantless car searches are presumptively unconstitutional. However, there are certain exceptions that allow the police to conduct car searches. Some of the exceptions are:

 

1. Search Incident To Arrest

2. Plain View Seizure

3. Probable Cause Search

4. Inventory Search

5. Protective Weapons Search

6. Consent Search

7. Medical Emergency Search

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If the officer's conduct fits squarely within one of the exceptions to the search warrant requirement, then there is no 4th amendment violation. However, if the police deviate from the requirement you can ask for a contested omnibus hearing to challenge that the State violated your constitutional rights. If the Judge rules that your constitutional rights were violated the evidence found as a result of the unlawful search will be suppressed. Depending on how much other evidence the State has in your case, the suppression of the evidence might also lead to a dismissal of the case. 

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Each case is different and requires a close analysis of the facts. If you are being charged with a gun crime, you likely do not want a DWI lawyer. You want somebody who focuses on defending gun crimes to craft the best defense for your drug case. Call Subzero Criminal Defense today. 651-248-5142.