It's a scenario we see all too often: a car search leads to the discovery of something illegal, and the individual is slapped with federal charges. The bewildered person then questions the legality of the search, wondering how the police or feds could have searched their car.
A lot of times, I see that the feds are not searching the car. The feds are investigating it or bringing it into the investigation after the search.
So, now, the person said the police illegally stopped me, or the police illegally searched me, and I don't think the federal government should be able to use that evidence against me.
When it comes to car searches at the federal level, the rules are clear. If you're facing federal charges, you have the right to challenge the search and argue its legality.
This can be done by filing a motion in front of a federal judge arguing that the search of the car was illegal and that the authorities violated your rights. It doesn't matter whether those authorities are, in fact, federal agents.
They can even be state police searching your car, but you're being charged with a federal case. I've had a bunch of cases where the state police find vast quantities of drugs after a search, and I end up filing a motion on behalf of my client to challenge the search, or maybe other illegal items are found.
This could include credit card fraud, credit cards in other people's names being found, or drugs or a combination of drugs, credit cards, or guns.
There's a whole list of things that can be found during a search, and then you end up getting charged at the federal level for whatever reason, and now you need to try to challenge the search. Our Federal criminal defense lawyers will review further below.
What Are the Federal Criminal Search and Seizure Laws?
Under the Fourth Amendment of the United States Constitution, all citizens have a right to be protected from unlawful searches and seizures of their persons, houses, papers, and effects.
However, if there is sufficient “probable cause,” law enforcement may be able to search and seize items without a warrant. United States Supreme Court has described probable cause as a “fair probability evidence of a crime will be found in a particular place.”
When a federal law enforcement agency, such as the Federal Bureau of Investigation (FBI), has a valid reason to believe you are involved in criminal conduct, it can pursue a warrant to search your property. To get a federal warrant, however, they have to:
- present a written affidavit to a magistrate,
- lists all the reasons they believe you committed a crime and
- why do they believe the evidence of this can be found on your property?
While federal laws allow agents a right to search, there are limitations. The federal criminal justice system is complex, and you need to ensure your constitutional rights are protected. It's essential to understand the exceptions to the rule, especially in vehicle searches.
What Are the Exceptions to the Warrant Requirement?
Exceptions to the warrant requirement vary depending on the type of property being searched. For instance, the exceptions for cell phones differ from those for bags or purses. However, they generally include situations where the police have consent to search, or when a lawful arrest is made and the police are seeking a weapon or evidence.
- If the police have consent to search the property or vehicle;
- If someone is lawfully arrested and the police are seeking a weapon that can be used against them or is evidence of a crime and could be destroyed;
- Searches that occur at international borders;
- Vehicle searches when police have probable cause to believe the vehicle contains pertinent evidence;
- Any Items that are in plain view of police and are incriminating;
- Emergencies where searches or seizures are necessary to prevent physical harm or property damage or to find a suspect who fled;
- Terry stops, which is a stop and frisk when a suspect is temporarily detained and police are looking for weapons that may be used against them;
- Situations where someone has no reasonable probability of privacy.
Did federal officials overstep their legal authority with a warrantless search? If federal law enforcement officials searched for your person or property without a warrant, they might not have had the right to do it.
This means it might be possible to challenge the legality of a search and seizure of property or a person, but a lawyer must first establish sufficient legal grounds for such a claim.
Can You Challenge the Vehicle Search?
Possibly. We have you come in, sit down, and go over the facts and details. Hopefully, there's video evidence of what happened from the police officer's vehicle or bodycam that we can use to help challenge the search and then compare that with the police report.
You'll be surprised how police officers' bodycam evidence can sometimes differ significantly from their actual police report. You would think they would review the bodycam and ensure that whatever they put in the police report matched it.
Still, sometimes, they're too lazy or not sophisticated enough to do that, and that can be ripe for a federal challenge to a search conducted by either the federal or state police.
So, if you've got a federal case and you're looking to challenge the search for a vehicle, you've come to the right place. There are all sorts of rules related to that, usually controlled by the Supreme Court, coming up with cases and then using those cases to set the law of the land regarding searches of vehicles.
I encourage you to pick up the phone. Ask for a meeting with Ron Hedding, either over the phone or in person. Remember, you're not alone in this. We're here to provide the support and guidance you need.
We can discuss the search and what you can do to best defend yourself in your federal criminal case. The Hedding Law Firm provides a free case review via phone or contact form. Remember, having the right legal representation can make a significant difference in your case.
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