During a traffic stop, the police may ask to search your vehicle. They will most likely be looking for incriminating evidence, such as illegal substances, weapons or firearms.
Under the Fourth Amendment, you are protected from unreasonable search and seizure. What this means is that the police cannot simply initiate a search of your vehicle anytime they please. There are only a few instances the police can search your vehicle.
Did you give the police permission?
The police may begin a search by asking your permission. While you can give the police permission to search your vehicle, you do not have to agree — and you probably shouldn’t. You can refuse a vehicle search by making it clear that you do not consent to a search.
Did the police have a warrant?
The police can sometimes obtain a search warrant for a vehicle search. The search warrant would give the police permission to search a vehicle at a specific time and date. However, search warrants are very specific. A search may not be lawful if the police do not provide the judge that signs off on the search with the proper information.
Did the police have probable cause?
The police could perform a search if they have probable cause. Probable cause is a set of known facts that indicate that a crime has been committed or is in process. For example, there could be probable cause for a search if the police see an open bottle of alcohol in plain view in the vehicle or a drug dog “alerts” on your vehicle during the traffic stop.
Did the police make a lawful arrest?
The police can perform a search of a vehicle if they arrest a driver. This could happen if the driver committed a traffic violation or had an active warrant for their arrest. These searches are considered incident to the arrest and a matter of safety.
If the police did not have any of these things to permit them to do a lawful search, then they may have violated your rights. Any evidence collected during an unlawful search could be barred during a criminal trial. Legal help is available to review your criminal case.