Legality of the Car Search in Oklahoma

During DUI arrests in Oklahoma, police may be able to legally search the driver’s automobile. But wait – you may say – doesn’t the Fourth Amendment protect people against unreasonable searches and seizures of their property? Yes, and so does Article 2, Section 30 of the Oklahoma Constitution. However, several exceptions apply during traffic stops that could allow police to search your car. Police usually must have a search warrant to conduct an automobile search. If there was no warrant, the courts assume that the search was unreasonable, and the government must demonstrate that the search was reasonable. Otherwise, evidence from...