Being a passenger in a car might feel safe, you’re not the one driving, so why worry? Unfortunately, under Florida law, passengers can still be arrested and charged if police discover drugs, weapons, or other illegal items in the vehicle.
At Izquierdo Law Firm, we see many clients surprised to learn just how limited a passenger’s rights are during a traffic stop or investigation in Miami-Dade.
What Rights Do Passengers Have?
Florida courts have ruled that passengers generally cannot challenge whether a stop or a vehicle search was legal. In other words, you usually lack “standing” to argue that the driver’s car was searched unconstitutionally.
However, you do have rights when it comes to:
- Searches of your person (body, clothing).
- Searches of your personal belongings (like a purse or backpack), if they are clearly yours.
Anything else in the vehicle, trunk, glove compartment, under seats, could still be used against you, even if you didn’t know it was there.
Why This Matters
Being in the wrong place at the wrong time could put your future at risk. If police find drugs or weapons in the car, everyone, including innocent passengers, may be arrested.
What To Do If Arrested as a Passenger
Don’t assume the charges will go away just because you weren’t driving. A knowledgeable Miami criminal defense attorney can protect your rights and help build a strong defense strategy.
Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?
If you are facing criminal charges in Miami-Dade, don’t face the system alone. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. Schedule a Free 4-Point Case Evaluation & Defense Strategy Session with Izquierdo Law Firm today and get the guidance you deserve. You can also request my free book "The Ultimate Guide To Fighting Criminal Charges In Florida", a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.
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