When it comes to private property, the authorities are restricted from conducting searches unless specific conditions are satisfied. This rule applies to vehicle searches in addition to your home, although cars are legally distinct from your home. If the police search your car after an accident, contact an attorney for help.
It might be possible for the police to search your vehicle after a car accident. Again, specific conditions must be present for this to happen. For example, if the police somehow gather probable cause suggesting that a crime has been committed and there is evidence inside your car, they might search it. They may also search your car if they must arrest you or if you consent to the search. Depending on what the police find in the car, you might be in some trouble, and a lawyer can help you.
For a free, private case assessment, call The Carrion Law Firm at (718) 841-0083 and talk to our New York car accident lawyers.
When Can the Police Search Your Vehicle?
After an accident, the police will likely show up at the scene to investigate, especially if serious injuries or death are involved. The police may search your vehicle if they have probable cause to believe that a crime has been committed and evidence is inside the car.
The police may also search a person’s car if the search is incident to arrest. A driver might be criminally culpable for the accident, and the police may arrest them. If and when they do, they may also search the car for evidence.
The police do not need any special reason to search your car if you give them permission. If the police ask to search your car after an accident, be careful about what you say. Be sure they are genuinely trying to help you after the accident and not incriminate you for something you did not do.
If the police search your car illegally, our New York car accident lawyers might be able to prevent evidence the police obtained from being used against you.
Why The Police Might Search Your Car After an Accident in New York
The police may have various reasons for wanting to search someone’s car after a crash. These reasons are not always invalid, but that does not mean you have to acquiesce to whatever the police want.
The police often search cars after accidents because they believe one of the drivers was intoxicated. This may lead to serious charges for the driver, and the police will want to find evidence to back up the charges. If they have enough probable cause, they may search a car for evidence of intoxication.
Another common reason is suspected drug possession or the possession of illegal weapons. Depending on what happens after the accident and what the police find, they might believe that one of the vehicles contains illegal drugs or weapons. These are fairly common criminal charges that the police are often on the lookout for.
The police might instead want to find evidence of who caused the collision. This might not necessarily involve criminal charges, but the police may still want to search as part of their investigation. They might ask permission to search your car in this case, but you do not have to say yes.
When Vehicle Searches Are Illegal
Not everything the police do is legal, including searches of vehicles after accidents. If you believe your vehicle was illegally searched, contact an attorney for help immediately.
A vehicle search may be illegal if the police lack sufficient probable cause. There must be articulable reasons why the police believe the search is necessary. They will likely claim they had enough probable cause, but you might think otherwise.
A search may also be illegal if the police ask for permission and you refuse, but they proceed with the search anyway. While the police do not need probable cause if they have consent from the vehicle owner, this consent must be given knowingly and willingly. Consent that is forced, or a very clear answer of “no,” means the search cannot happen.
How to Protect Yourself from Car Searches in New York
You might call the police for help after an accident, but they are not always acting in your best interests. Below are just a few steps you can take to protect yourself in case the police try to search your car after an accident.
Know your rights! Many people make the mistake of letting the police search their car after an accident because they do not know any better. They might be unaware that they can say no to the police in this situation.
Get a lawyer if the police search your car and seize anything as evidence. Your attorney can protect you if the police overstepped their authority. They can also step in if the authorities want to use whatever they found in your car against you somehow.
Cooperate with the police as best as you can. When drivers become disagreeable or combative, the police may become frustrated and start working against you rather than with you. If you do not want to consent to a search, do so as politely as possible.
What to Do if the Police Search Your Car After an Accident
If law enforcement has already conducted a search of your car after an accident, you should contact an attorney for help. Even if they did not turn up anything criminally suggestive, they might have uncovered something that the other driver might use against you in a civil lawsuit.
First, determine if they have taken anything as evidence. Talk to your attorney about how the search and possible seizure may affect your civil case for damages or an insurance claim.
Next, figure out the reason for the search. Was it a matter of securing the scene and ensuring office safety, or is there something bigger at play? Your attorney can help you get to the bottom of things.
Contact Our New York Car Accident Lawyers for Help
For a free, private case assessment, call The Carrion Law Firm at (718) 841-0083 and talk to our Staten Island, NY car accident lawyers.