You might believe that the police can't just search your home or car without a warrant or that they can't detain you without some form of documentation. That isn't the case, however. The police are allowed to pull you over while driving, search your home, or even detain you without a warrant if they have reasonable suspicions to do so.
Good-Faith Exception
Police are allowed to search your home or pull you over or keep you from leaving the scene due to what is known as the Good-Faith Exception. This means if the police have a reasonable suspicion that something is amiss, for example, you are driving under the influence, you committed a crime of some sort, or you are hiding drugs or other illegal paraphernalia in your home, they are able to search or detain you. The law recognizes that the police are acting in good-faith and even if you are arrested without a warrant, the courts will deem any evidence found in that search valid.
Criminal Records
If you already have an arrest record in the database, you are more likely to be searched, detained, or arrested under suspicion of wrong-doing than someone who has not been arrested. This is also the case if it had been a mistake for you to be arrested the first time, this record typically will remain in the police database and make the police more likely to look on you in suspicion until they learn otherwise. For example, if you have already been arrested for a DUI previously, even if your blood alcohol level was later deemed under the legal limit, you can be subjected to another field sobriety test or arrest since the original arrest will still be on record.
No Convictions
You might still have to be careful while driving even if you have not been convicted and your records have been expunged. This information on your arrest is kept in police databases for several days after the courts dismiss the charges. It is a good idea to carry your court dismissal papers with you for at least a few days after your court date, and refrain from either driving – if that is what you were arrested for – or having contact with a prohibited person for the time being.
The records the police look at includes DMV records (they are looking to ensure your driver's license is valid), if you have any active arrest warrants, any active civil protection orders, or a record of any violent tendencies or complaints against you.
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