Can Police Search My Car For Drugs Without A Warrant in Florida?
Asked in Miami, FL on September 24, 2019 Last answered on February 5, 20261 answer
Yes, under certain circumstances. The "automobile exception" to the Fourth Amendment allows police to search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime. Probable cause can come from the smell of marijuana (though in some jurisdictions like the Second District, plain smell is not enough), visible contraband, a drug dog alert, or admissions. Police can also search incident to arrest, during an inventory search after impoundment, or if you consent. However, they cannot extend a traffic stop unreasonably just to get a drug dog there. If the search violated your rights, your attorney can file a motion to suppress the evidence — and without the drugs, the State often has no case. Whether a search was legal depends heavily on the specific facts, so get an attorney to review the police reports and body camera footage.
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