Cohen & Hirsch Criminal Defense

Aggressive Criminal Defense Attorneys

Call 404-919-7096

Fierce Attorneys Fighting For Your Rights

Fierce Attorneys Fighting For Your Rights
  • “Andy was extremely knowledgeable and helpful in all matters.” Read more testimonials >
  • “Jill is an exceptional attorney that is very familiar and comfortable with the DeKalb County justice system.” Read more testimonials >
  • “If you need representation in DeKalb County for a criminal defense matter, I would highly suggest contacting Jill.” Read more testimonials >
  • “This was my first time being in trouble with law & I was very scared of having a negative impact on my life and career. Andy was prompt in responding to all emails and calming down my nerves throughout the process” Read more testimonials >
  • “Excellent on keeping me informed and up to date” Read more testimonials >
  • “I promise you'll not regret hiring her and you'll sleep better knowing she has your back. Thanks so much Jill, I'll never forget you.” Read more testimonials >
  • “ “Andy was extremely knowledgeable and helpful in all matters.” Read more testimonials >
  • “I highly recommend Jill and her team and I appreciate all that she did for me!” Read more testimonials >
  • “Andy, thank you sooo much!! It was you that opened up that door, that lead us to your Awesome Law Family, and ultimately an AMAZING VICTORY!!” Read more testimonials >
  • “These guys are awesome! They each exhibited such passion and concern, we felt as if we were in a family meeting instead of a consultation.” Read more testimonials >
  • “Cohen & Hirsch saved my son's life and I would recommend them to anyone needing a criminal lawyer.” Read more testimonials >
  • “I highly recommend his Law Firm!” Read more testimonials >

Did an officer illegally search your vehicle?

Your knowledge of the law may be minimal at best. Like most people in Georgia and across the country, you likely know enough about legal issues to know what actions could get you in trouble. However, also like many people, you may not know enough about your legal rights to fully know whether an officer violated those rights during a traffic stop.

If you found yourself pulled over by a police officer and that traffic stop ended in your arrest, you may have a suspicion that the officer did not conduct him- or herself in accordance with the law. In particular, you feel that the officer may have illegally searched your vehicle. How can you know?

Does an officer need a warrant?

Unlike a home search, police officers do not need a warrant to search a person's vehicle. However, they do need to have either your permission or probable cause to carry out a search. This means that a police officer cannot ask you to step out of your vehicle and immediately start rifling through your car. It does mean that a search can take place if any of the following details apply:

  • The officer asked if he or she could search your vehicle, and you consented.
  • The officer believed that you had a weapon or that other circumstances existed that could pose a potential threat to him or her.
  • The officer saw questionable looking substances, open alcohol containers, drug paraphernalia or other items in plain sight that caused him or her to suspect criminal activity.
  • The officer placed you under arrest for a violation and conducted a search to look for additional evidence relating to the arrest charge.

If these factors did not apply to your situation but an officer conducted a search anyway, he or she may have found supposed evidence that resulted in your arrest. Now, what can you do?

Consider your legal options

If you believe that the officer conducted an unlawful search of your vehicle that resulted in your subsequent arrest, that detail could play a substantial part in your criminal case. If the court determines that the officer violated your rights, the court could deem any evidence discovered during that unlawful search inadmissible. Going over this information with an experienced defense attorney could help you determine whether the officer violated your rights and whether you have reason to address this point in court.

No Comments

Leave a comment
Comment Information