If a Massachusetts police officer pulls you over, he or she is detaining you. As such, you are not free to leave the scene, unless the officer grants permission to do so. You do, however, have rights that you may exercise during a traffic stop, such as invoking your right to remain silent when asked if you have consumed alcohol before getting behind the wheel.
When an officer suspects you of drunk driving, a traffic stop becomes an OUI stop. The Fourth Amendment of the U. S. Constitution protects you against unlawful search and seizure. Several factors may come into play regarding these issues if a police officer has asked you to step out of your vehicle during a traffic stop.
In certain situations, a warrantless search of your vehicle is lawful
In most cases, a law enforcement officer must obtain a search warrant before entering your vehicle or confiscating items from it. If the situation requires a warrant, and an officer conducts a search or removes something from your vehicle without being in possession of a warrant, it is an unlawful search, which violates your Fourth Amendment rights.
The court may waive the requirement for a warrant at times. For example, if a police officer asks you to exit your vehicle and observes an open can of beer or bottle of alcohol inside your vehicle when you open the door, the officer no longer needs a warrant to search your car. In fact, he or she can immediately confiscate the alcohol container as evidence.
You do not have to consent to a search, but if you do, a warrant is not a requirement
At no time are you required to consent to a vehicle search during an OUI stop. Not consenting does not guarantee that a search will not take place. On the flip side, if you do consent, your consent gives the officer permission for search and seizure without a warrant.
You may contest an unlawful search in court
If Massachusetts police take you into custody for suspected OUI, they will try to gather as much evidence as possible to incriminate you in court. If you believe a violation of your Fourth Amendment rights took place and can prove that police conducted an unlawful search of your vehicle, then the judge overseeing your case must exclude any evidence obtained in the unauthorized search.
Know your rights and how to defend them
Massachusetts police must have reasonable cause to make a traffic stop. They must establish probable cause to search your vehicle or make an OUI arrest. The more you know about the Fourth and Fifth Amendments, the better able to recognize civil rights violations you’ll be.
