Know Your Rights: What Police Can and Can’t Do in Searching an Automobile
Oftentimes, we get clients who have been pulled over by the police and ask to search their car. It’s important to know your rights and circumstances in which police can or cannot search your car.
- Probable Cause: Generally, police officers need probable cause to conduct a search of a vehicle without a warrant. Probable cause means that there is enough evidence to reasonably believe that a crime has been committed or that evidence of a crime can be found in the vehicle.
- Consent: If a police officer asks for consent to search a vehicle and the individual gives consent voluntarily, the officer can conduct the search without needing probable cause or a warrant. It’s important to note that you can not only refuse consent to the search, but you can also tell the officer which area(s) of the vehicle can and cannot be searched.
- Search Incident to Arrest: If a person is lawfully arrested, the police may search the area within the arrestee’s immediate control. In the case of a vehicle stop, this may include the passenger compartment of the vehicle, but not the trunk.
- Plain View: If a police officer sees evidence in the vehicle and it is immediately apparent that the evidence is something illegal, like narcotics, police can search and seize the evidence.
- Inventory Searches: If a vehicle is lawfully impounded, the police may conduct an inventory search of the vehicle’s contents.
If you’re pulled over call us immediately. Know your rights!