After an Arrest

Like arrests, searches require warrants based on probable cause. However, once arrested at a vehicle stop, not only may the vehicle be searched, any passengers can be searched as well as everyone's belongings. The passenger cannot complain of an illegal search because he was not arrested or that the officer doing the search had no fear for her safety.

Additionally, after an arrest, officers have the right to:

  • question you after Miranda warnings are given and before you request a lawyer
  • ask you to consent to blood, urine or breath tests

Sidebar: Anything you say after receiving a Miranda warning is admissible in court and can be used against you. By speaking to officers you are waiving your Miranda rights.

TIP: Refusal to submit to testing in DUI cases can lead to an automatic license suspension in many states, and your refusal can be evidence in a trial. In some states, you cannot refuse if there is a death involved.