Seeing flashing lights in your rearview mirror can make your stomach drop. There’s no doubt that getting pulled over by law enforcement is a stressful experience.
You were likely taught to be respectful and comply with the officer’s requests. But what if they want to search your car?
What is probable cause?
You and your property are protected by the Fourth Amendment of the United States Constitution from “unreasonable searches and seizures”. That right extends to your vehicle, which means the police can’t search your car just because they pulled you over. They need to have a warrant authorizing the search.
They can conduct a search without a warrant if you give them permission. They may ask if it’s okay for them to look inside your car. You have the right to decline their search request respectfully. By granting them permission, you are waiving your Fourth Amendment rights.
Law enforcement can search your vehicle without your consent if they have probable cause. That means they reasonably believe a crime has been or is being committed. It could be seeing illegal drugs or firearms in plain view, or someone in the vehicle acting suspiciously.
Other reasons an officer may search your car are:
- if you’re lawfully arrested
- your car is impounded and the police are documenting your inventory
- the search is necessary to prevent harm or destruction of evidence
If none of the preceding scenarios apply and the police search your car, it may be considered unlawful. Any evidence they may find would fall under the exclusionary rule and could be inadmissible in court. Both the Fourth Amendment and the exclusionary rule are in place to protect people from abuses of power.
If that happens, it’s essential to document the interaction. You also have the legal right to record the search as long as it doesn’t interfere with the officer’s actions. You will also want to discuss the situation with someone who can determine if your rights were violated and provide guidance on your next steps.
