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How to Determine if San Jose DMV Investigations and Search is Valid?

Searching on account of San Jose DMV or the police in tune with the department. Questions may often arise in the minds of citizens as to the validity of these particular searching operations of Department of Motor Vehicles. It is important to know the relevant details regarding such search.

Under the fourth amendment of the US Constitution, citizens are protected from unreasonable searches under federal law and it is the government’s duty to enforce the same.

This however, is restricted to government officials and not private individuals. Any evidence unearthed during a vehicle search by officials of the San Jose DMV or the police department cannot be used in any prosecution case. The court will forbid it. This law therefore covers all automobile searches, thereby keeping you safe and sound.

The term reasonable expectation of privacy is very important in this regard. A search can happen when any government official decides to search your car in a place where you have a reasonable expectation of privacy. Searches though, are mostly done for DUI and DWI offenses.

You might refuse to let a government official search you in other cases but when there is direct evidence of DWI or DUI violations, you may be in trouble. You can also limit the places where he searches like allowing him to search the trunk but not the glove box, for instance.

Any probable cause which government agencies have will compel them to search out your vehicle and this may often be linked to contents of substance abuse or liquor and other items linked to DUI or DWI offences. They will then search your vehicle and test you for blood and sobriety without your consent.

If only a traffic ticket is issued, officers cannot search a vehicle or stop you for a breath-analyzer test. However, if any criminal matches are suspected when you are stopped, then there may well be detention and searches.

When there is any arrest under law, the police officer not only arrests the accused DUI or DWI offender but also searches and investigates the immediate area around him/her.

The law surrounding stopping of cars and searching of vehicles and individuals is complicated. It requires consultation from expert attorneys on the subject. You would be well advised to get an experienced counsel at hand if only to save yourself from undue trouble and if you are not at fault but have been suspected at the same. This also applies in cases where you have driven normally but have still been stopped, searched and tested without your consent and found to have alcohol on your breath. A well experienced lawyer will be able to get you out of a DUI or DWI mess in this regard.

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