Depending on the circumstances, if you are arrested it is possible the police will be justified in searching the entire car. For instance, let’s focus on the situation where a simple traffic violation, where no probable cause is established to search for contraband in the vehicle, turns out to be more serious when police discover the license of the driver is suspended. Once police establish the party was driving on a suspended license, the officers will have the authority to arrest the person and conduct a search incident to arrest.
However, following an arrest, while police may conduct a search incident to arrest which usually covers any items within the wingspan of the accused, such a search has limits. Police, for example, cannot extend the search to the trunk of the car or any other containers unless police reasonably suspect that criminal activity is occurred, occurring, or about to occur. Alternatively, the standard is also satisfied if police reasonably suspect the accused to be armed and dangerous or is attempting to destroy evidence.
That being said, even if police claim to have established probable cause, Criminal Defense Lawyer Buffalo NY must examine the facts and determine if everything adds up. If the officer’s story is outlandish and cannot be justified given the presence of other facts, your Criminal lawyer buffalo ny must set forth the necessary arguments with supporting facts. The best way to do this is through the Omnibus Motion where Buffalo Criminal Lawyers can seek to suppress the physical evidence recovered.
Again, if you find yourself going through the criminal process, it is very important to find lawyers in buffalo ny free consultation