4466 Darrow Rd, Suite 13
Stow OH 44224
330.686.2890
 
Ravenna Address
121 East Main St
Ravenna OH 44266
Ravenna Phone Number 330.296.8000
 

 

Should you allow a vehicle search?

A police officer cannot search a vehicle merely because that vehicle was stopped for a traffic infraction. Without consent, an officer generally needs probable cause that contraband is present inside the vehicle in order to conduct a search.

Probable cause exists if an officer sees, hears or smells something that would give him a reasonable suspicion that the vehicle contains some sort of contraband or evidence of criminal activity.

For example, if an officer sees an open container of alcohol in the vehicle, or smells the odor of marijuana coming from the vehicle, that may constitute sufficient probable cause to search the vehicle.

 

It is generally advisable not to consent to a search of your vehicle, since you may not be aware of every single item contained in the vehicle. This is particularly true if you have passengers in your vehicle, since passengers could obviously leave or conceal prohibited items in the vehicle that you were not aware of at the time.

If contraband is found in the vehicle the officer may charge you based on the assumption that you knew it was there, or he may claim that you had constructive knowledge of its presence if you own the vehicle.

Regardless, the burden is on the prosecution to prove the charge, not on you to disprove it.

 

If you need the assistance of an experienced criminal defense lawyer in Portage County, Summit County or Medina County, or elsewhere in Northeast Ohio, contact Attorney Dan Weisenburger right now at 330-296-8000. Attorney Weisenburger routinely defends criminal charges in the following courts:

  • Portage County, Ohio: Ravenna Municipal Court, Kent Municipal Court, Portage County Court of Common Pleas, Portage County Juvenile Court.
  • Summit County, Ohio: Akron Municipal Court, Stow Municipal Court, Summit County Court of Common Pleas.
  • Medina County Ohio: Medina Municipal Court, Wadsworth Municipal Court, Medina Court of Common Pleas.
  • Trumbull County, Ohio: Newton Falls Municipal Court, Warren Municipal Court.
For a list of jurisdictions served by the municipal courts and county courts in Portage County, Medina County, Summit County and Trumbull County, click on the arrow.
All crimes in Ohio are strictly defined by law. For a list of definitions of the most common felony and misdemeanor offenses, click on the arrow.
Disclaimer: The ohiocrimelawyer.com website is designed for general information only. Any information on this site is not to be construed as formal legal advice on criminal or DUI defense, nor formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek personal advice regarding their individual legal issues.
Copyright © 2007 Dan J. Weisenburger. All Rights Reserved. Last Modified: February 23, 2009 2:11 PM