Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamUnderstanding Your Rights Under the Fourth Amendment 
The Fourth Amendment protects individuals against unreasonable searches and seizures by government authorities. This means that, in general, police officers need a warrant to search a person’s property, including their car. However, there are notable exceptions to this rule. If you are aware of these exceptions, you’ll be better equipped to respond in the event that a police officer wants to search your car. Key Exceptions to the Warrant Requirement
Although warrants are the standard for legal searches, there are several situations where the police can search a vehicle without your consent or a warrant:- Probable Cause: If the police have a reasonable belief that a crime has been committed or that evidence of a crime is present in your vehicle, they can search it without your consent. This could include seeing illegal items in plain view, smelling substances like alcohol or marijuana, or observing other signs of criminal activity.
- Consent: If you give an officer permission to search your vehicle, they do not need a warrant or probable cause. However, you are within your rights to refuse this request, and officers must respect your refusal.
- Search Incident to Arrest: If you are arrested, the police can search your vehicle as part of the arrest process. This search is limited to areas that are within your reach and where you might access weapons or evidence related to the arrest.
- Exigent Circumstances: In emergency situations where the police have reason to believe that waiting for a warrant would lead to the destruction of evidence or harm to others, they can conduct a search without a warrant or consent.
Consent Searches: Your Right to Say No
In Ohio, just as in many other states, you have the right to refuse consent if a police officer asks to search your vehicle. This is an essential right that can prevent an unlawful search. You do not have to provide a reason for refusing the search, but it is helpful to assert your rights politely and respectfully. If an officer asks for your permission to search your car, simply saying, “I do not consent to a search” is enough to legally protect you. It’s also important to understand that an officer cannot coerce or threaten you into giving consent. If they do, any search conducted under duress may be challenged in court.Client
Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
What is Probable Cause and When Does it Apply?
Probable cause is a fundamental legal standard that allows police officers to make arrests and conduct searches. If an officer has probable cause to believe that your vehicle contains evidence of a crime or contraband, they are legally permitted to search your car without your consent. Some common scenarios in which probable cause may apply include:- Observing Illegal Items: If an officer sees something illegal in plain view, such as drugs, weapons, or open alcohol containers, they can search your vehicle.
- Smelling Contraband: If an officer smells marijuana, alcohol, or other drugs emanating from your vehicle, this gives them probable cause to search it. The courts have upheld that an officer’s ability to smell illegal substances gives them the legal right to search the vehicle without consent.
- Behavioral Indicators: In some cases, officers may observe behavior during the stop that raises suspicion. For instance, if you are overly nervous, attempting to hide something, or making evasive movements, these actions may give the officer probable cause to conduct a search.
Searches Incident to Arrest: What Does This Mean?
If you are arrested during a traffic stop, the police are allowed to search your vehicle without a warrant under the “search incident to arrest” exception. This type of search is conducted to ensure the officer’s safety, recover evidence, or prevent the destruction of evidence. The scope of a search incident to arrest is limited to the areas within the arrestee’s immediate reach. This means that the officer is typically allowed to search the passenger compartment and any containers that could reasonably hold evidence related to the arrest. However, they are not permitted to search areas that are beyond your immediate control, such as the trunk of your car, unless they have a separate reason to do so. It is essential to understand that if you are arrested but not placed in the back of a police vehicle, the police may search your car immediately. However, once you are in custody and transported to a police station, they may need additional justification, like a warrant, to search the vehicle.Plain View Doctrine: When Can Police Seize Evidence?
The “plain view” doctrine allows police officers to seize evidence without a warrant if it is clearly visible. For example, if an officer sees a bag of drugs or a weapon sitting on the passenger seat while standing outside your vehicle, they may seize the item and conduct a search of the car to investigate further. It is essential to remember that for the plain view doctrine to apply, the officer must be lawfully present when they observe the item, meaning they cannot search your car or enter your personal space to find it. If an officer sees illegal items while conducting a lawful stop, however, they have the right to seize those items and search your vehicle for more evidence.What Should You Do if Police Want to Search Your Car?
If the police ask to search your car, you should follow these steps to protect your rights:- Stay Calm and Respectful: Regardless of the situation, remain calm and polite when interacting with police officers. Assert your rights respectfully by saying, “I do not consent to a search.”
- Ask if You Are Free to Leave: If the officer has no reason to keep you detained, ask if you are free to leave. If they say yes, you can leave without submitting to a search.
- Document the Encounter: If the police proceed to search your car without your consent, try to record as many details of the interaction as possible, including the officer’s badge number and any reasons they gave for the search. If you believe your rights were violated, this documentation could be valuable for your defense.
- Contact a Lawyer: If you believe your rights were violated during the stop or search, contact an experienced criminal defense attorney. A lawyer can review your case, examine whether the search was lawful, and help you understand your legal options moving forward.