Vehicle Searches Related to OVI in Warren, Trumbull County, Ohio

Overview

There are instances when law enforcement officers may search the vehicle of a person suspected of operating a vehicle impaired (OVI). However, they cannot do so without adhering to specific legal guidelines. An experienced Warren OVI Lawyer, such as Sean Logue, will remind you that the United States Constitution prohibits unreasonable searches and seizures of your car. While the protections for your vehicle are not as robust as those for your home, you do have a reasonable expectation of privacy in your vehicle. This means that police cannot conduct a vehicle search without a warrant, unless certain exceptions apply.

Common Exceptions to Warrant Requirement

Post-Arrest Searches

One of the most common exceptions occurs when police search a vehicle after arresting the driver. They may do this if they believe they might find evidence of a crime inside the car.

Searches Related to the Arrest

Another exception involves searches related to the arrest of the driver. For example, if an officer sees a sealed bottle of whiskey on the floor in the backseat, they can arrest the driver on suspicion of OVI and then search the car.

Officer Safety

An exception also exists when officers believe a vehicle search is necessary for their protection or safety. For example, if they suspect you have a firearm in your car, they are permitted to search your vehicle without a warrant.

Consent to Search

If you give the police permission to search your car, they can—and likely will—do so. It is generally advised not to consent to such searches. If they have to ask, they probably don’t have a valid reason to search. Exercising your Constitutional right to privacy is always a good idea.

Impound Inventory

If you are arrested for OVI, your car will be towed to an impound yard. The police may search the vehicle in this instance to inventory its contents.

Legal Protections and Rights

Reasonable Expectation of Privacy

Always remember that you have a reasonable expectation of privacy in your vehicle, be it a car, truck, or SUV. Laws, including those found in the Ohio Revised Code, require police officers and state troopers to obtain warrants to search vehicles for a good reason. You are within your rights to refuse warrantless searches, and there are no legal repercussions for doing so.

Detention Duration

Keep in mind that officers are only allowed to detain you for as long as it takes to investigate the situation and issue a traffic ticket.

Drug-Sniffing Dogs

In certain situations, officers might want to bring a drug-sniffing dog to walk around your car. While this is not legally considered a search, if it results in prolonged detention, it becomes illegal. If you are detained too long while waiting for the dog, any evidence found should be excluded by the judge.

What to Do If Your Car Is Searched

If your car has been searched following an OVI arrest or if you gave police permission to search it, contact an experienced Warren criminal attorney like those at Youngstown Criminal Law Group. Sean Logue and his associates have decades of combined experience in OVI defense. They have undergone extensive training and used that training to defend hundreds of clients. Often, they have successfully gotten OVI charges reduced or dismissed.

Addressing Illegal Searches

If the police search your vehicle without a warrant, it could be an illegal search. They must have a solid legal basis and a valid warrant. A Warren OVI attorney specializing in OVI defense can highlight these issues in court, and the judge may rule any evidence gathered during the search inadmissible. Your Warren criminal attorney will need to file a motion and present an argument at an “evidentiary hearing” to achieve this.

Youngstown Criminal Law Group offers free initial consultations and 24/7 access to the best criminal  Warren OVI attorneys in the Tri-State area. Call (330) 992-3036 or contact us online to schedule a free consultation.