The Fourth Amendment of the U.S. Constitution protects you from “unlawful search and seizure.” For traffic stops, this means the police cannot search your vehicle unless they have a warrant or a valid reason.
It is crucial to know when the police can search your vehicle and when they cannot. Here’s everything you need to know.
When can the police search your vehicle?
If the police stop you for a suspected DUI, they must have probable cause for the stop. In other words, they cannot pull you over for no reason. For example, they might observe speeding, swerving and other suspicious or dangerous behaviors that can provide enough probable cause.
When an officer pulls you over, they will conduct assessments to see if you are driving drunk. These may include a field sobriety test and a breathalyzer test.
In some cases, officers may also perform vehicle searches. However, these searches are only lawful if:
- They have a warrant: You cannot refuse a search if the police officer has a valid warrant, but be sure to check the details on the warrant to ensure they are correct.
- You give consent: The police can conduct a warrantless search if you give them permission to do so.
- They have probable cause: Officers do not need a warrant to search your car if they can see, hear or smell potential evidence of a crime in your vehicle. This is due to the plain view doctrine. For example, they can conduct a lawful search if they see an open container of liquor or smell marijuana.
- They need to protect themselves: An officer can legally search your car if they believe that doing so is necessary for their safety. For example, if they have reason to believe you are carrying a weapon, they may have to search your person and your car.
- Your vehicle is impounded: Police do not need warrants to search impounded vehicles. However, they cannot impound a car just to search it.
- They are arresting you: If an officer is legally arresting you for DUI or other crime, they can also search your car.
Unless the search is lawful, any evidence the police might find in your car may become inadmissible in court. This means they cannot use the evidence against you.
Knowing the valid reasons for a vehicle search can help protect your rights. If you believe the police violated your constitutional rights by searching your vehicle illegally, don’t hesitate to seek help from a criminal defense lawyer who can guide you through your options.