Can the Police Search my Vehicle?
The police can search your vehicle without a warrant in certain situations. Here are some scenarios where a warrantless search may be permitted:
- Consent: If you voluntarily give your consent for the police to search your vehicle, they can do so without a warrant. However, if you feel uncomfortable with the search, you have the right to refuse consent.
- Incidental to arrest: If you are arrested, the police can search your vehicle if they have the necessary grounds to conduct a search of your vehicle incident to your arrest.
- Plain view: If the police see something in plain view in your vehicle that they suspect is evidence of a crime, they can seize it without a warrant.
- Exigent circumstances: If the police believe that evidence in your vehicle is in danger of being destroyed or removed, they can search your vehicle without a warrant.
- Pursuant to Provincial legislation: The Highway Traffic Act, Cannabis Control Act, or The Liquor Licence and Control Act provides the police with authority to search your vehicle is very defined circumstances.
While the police can search your vehicle without a warrant in these situations, they must still have reasonable grounds to believe that evidence of a crime will be found. If you believe that your rights have been violated during a search, you should speak to a lawyer.
The lawyers at Lockyer Zaduk Zeeh have a wealth of experience dealing with Charter issues. This includes unlawful arrests; searches of homes, vehicles, and wiretap investigations; and right to counsel issues. If you or someone you know has been charged because of a search, please give us a call at 416-613-0416 to schedule a consultation.