Oklahoma law provides several ways that law-enforcement can legally search your vehicle.
Today we will talk briefly about Consent. It seems obvious that if you agree to let the cops search your car then they can, but it’s more complicated than that. Your “consent “must be obtained voluntarily. Judges and prosecutors will consider many factors including whether you were under "investigative detention" and whether the police used coercive or unfair tactics to obtain your consent in determining the voluntariness of the alleged consent.
Put simply, the cops can’t abuse, mistreat, or threaten you in order to receive your consent to search your vehicle. As well, if you’re under arrest or in custody, Oklahoma courts will have a hard time deciding that anything you agree to was voluntary. The situation under which you allegedly consented has a huge impact on the ultimate legality of the search.
Our advice: do not consent to a search of your vehicle.
More knowledge next Wednesday.
Have a question about Oklahoma criminal law? Need help with your case? Call us today. 405-601-9393. Ask us why we’re different.