Can the Cops Search My Car?

By: LawInfo

Published: 11/2008

There are many situations when a law officer can legally stop the driver of a motor vehicle. Many cars are stopped for speeding every day, for example. However, if the police officer wants to search the driver’s car then one of the following four things must happen: (1) the police officer must have consent; (2) the police officer must have probable cause to think that the vehicle has incriminating evidence; (3) the incriminating evidence must be in plain sight; or (4) the police officer must reasonably believe that he or she has to search the car for his or her own safety.

Consent

A law enforcement officer can always search a car if the owner of the car gives consent to the search. If the owner gives his or her consent then the officer does not need to articulate a reason for the search. The results of the search would be admissible in court.

Plain Sight

A law enforcement officer can request that a driver pull to the side of the road if he or she believes that the driver has broken the rules of the road. For example, an officer can pull over a driver for speeding and approach the window of the car. If the officer sees anything illegal in the car then the officer can take the evidence and it can be admissible in court. In most jurisdictions, for instance, it is illegal to have an open container of alcohol in an automobile. If the officer pulls the driver over for speeding and sees an open beer can then the officer may take the evidence and it may be admissible in court.

Probable Cause

An officer may also search if he or she has probable cause to believe that the vehicle has incriminating evidence. The officer may have observed the driver of the car buying marijuana shortly before entering his car. In most jurisdictions, the officer can pull over the car’s driver and search the car without a search warrant. Often, search warrants are not necessary for the search of a car because cars move around so quickly and can be so quickly unloaded. However, the officer must still have probable cause just as the officer would if he or she was seeking a warrant to search a person’s home.

Safety

If the police officer reasonably believes that his or her safety is in jeopardy then the police officer may make a protective search of the car. This rule exists because it is easy for a driver or passenger to hide a weapon in the glove compartment, under the car seat or in another concealed area of the car.

In order to determine if the police officer’s actions were reasonable, one must consider what another qualified police officer would do in that jurisdiction when confronted with a similar situation.

While one does not have the same expectation of privacy in one’s car as one does in his or her home, that does not give the police officer an unlimited right to search one’s car. Instead, the officer must be reasonably afraid for his safety, see evidence of a crime in plain sight, have probable cause to believe that there is evidence of a crime in the car or have the car owner’s consent to the search.

For more information on your rights, contact a criminal law attorney today.