When a driver is pulled over by a police officer in Phoenix, AZ, and there isn’t any incriminating evidence in plain sight, and other methods of investigation do not indicate DUI, the officer can conduct a more in-depth search without the need for a warrant – but only if the suspect consents to the search. This means that under certain circumstances, a suspect must give “voluntary and knowing” consent before the officer can lawfully proceed with a more comprehensive search.
However, determining whether or not a suspect gave “voluntary and knowing” consent can be difficult, as there are many factors that can come into play. First of all, a police officer cannot trick or threaten a suspect in order to get the suspect to consent to the search. In addition, the suspect’s age and mental status must be taken into consideration, as well as any of the police officer’s comments or statements. As a result, any driver that has been pulled over by a police officer and charged with a crime in the East Valley, should contact a criminal defense attorney at JacksonWhite as soon as possible.
For more information about lawful searches, or to schedule a free criminal consultation with myself, criminal defense attorney, Jeremy Geigle, call 480-467-4370. I can assess your case, explain your rights and work to get you the help you deserve!