Rideshares have become a mainstream way to get around. However, what if you’re riding in an Uber or Lyft when your driver is pulled over? Can the police search you, even though you’re simply a passenger in the car?
Depending on the circumstances of why the Uber or Lyft driver was pulled over, you may or may not be searched by police. The skilled criminal defense lawyers at John D. & Eric G. Johnson Law Firm can help protect your rights every step of the way. We can also answer any questions you may have about the legal process following the incident.
Can Police Search Cars Without a Warrant?
In general, the police are allowed to search a car without a warrant. This is called the “automobile exception.” However, they do need probable cause, which is the belief that there is something incriminating in the car. In most traffic stops, this is not going to happen. If, for example, your Uber driver is pulled over for speeding, then the police officer will probably just issue them a ticket rather than searching the car.
On the other hand, if there’s something that may cause them to believe there is an issue, then they may have due cause to search the car. This may also include them searching your belongings.
Can You Be Searched If the Driver Is Being Arrested?
This is where things start to get more complicated. The common enterprise assumption is that the occupants in a vehicle are “in a common enterprise.” This means that the driver and passenger likely have the same interest in concealing evidence. So, being a passenger in a vehicle in and of itself is enough that the cops may assume that you and the driver are involved, meaning they can search you and your belongings.
Also, in many cases, Uber or Lyft passengers sit in the front seat and thus are within easy reach of the driver. This means that the common enterprise rule is likely to be applied and you can be searched if the driver has illicit substances or materials on them.
Can You Be Blamed For Your Uber or Lyft Driver Being Reckless?
In certain circumstances, yes, although it’s typically hard to prove responsibility. For example, if your driver is stopped for running a red light and can demonstrate that they did so because you directly asked them to or were putting so much pressure on them that they felt obligated to take the risk, then you might bear legal responsibility.
However, in most cases, you should not be blamed for your Uber or Lyft driver’s recklessness. If your driver is speeding for no reason, then it’s not your fault. These situations can be unprovable on either side, however. You probably won’t be arrested for your driver’s behavior, but bear in mind that it could happen.
Get in Touch With Skilled Rideshare Lawyers Today
If you find your Uber or Lyft driver arrested or detained and the police want to arrest or charge you as well, you have rights that can protect you against this. Just because you are riding in a vehicle with the driver does not mean that you should automatically be detained alongside them.
If you have been unlawfully searched or detained following a rideshare incident, get in touch with our lawyers at John D. & Eric G. Johnson today. Our skilled team will work hard to protect your rights. Reach out to us using our contact form or by calling (318) 377-1555.
