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Did you know that if a police officer asks to search your car without probable cause, it is your legal right to say no? According to James F. Bogen, Attorney at Law, the leading defense attorney in Cincinnati, OH, without evidence of illegal activity, such as the sight or smell of contraband, a cop can’t inspect your property. However, it’s easy for drivers to feel confused or pressured to consent, and for this reason, it’s important to understand what should happen if you refuse.

Lawful Consent

defense attorneyThe act of lawful consent requires the person to voluntarily agree to allow the police officer to search the car. While there are no specific words necessary for consent to be established, it can either be expressed through an affirmative reply or by moving to allow an officer past you. If you did not display any of these responses but the office searched your car anyway, you should hire an attorney to fight this in court.

True Authority

Only the owner of the property in question has the right to give consent to the search—for instance, a spouse or a parent. However, if a law enforcement officer searches the car, believing they gained approval by someone without legal authority, a lawyer can contest this action in court.

The 4th amendment protects your right to refuse search requests. If you were arrested or charged as a result of an inspection you did not consent to, contact the office of James F. Bogen, Attorney at Law. He offers individualized attention and will fight for your rights and best interests to ensure a just outcome. For a free consultation call (513) 503-7251 today. You can also visit the website for more information about the defense attorney and his areas of practice.

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