When is Law Enforcement Allowed to Search Your Vehicle?

 Posted on March 23, 2023 in Criminal Law

Fortunately, individuals in the United States are protected by various local, state, and federal laws – many of which are designed to protect our privacy. The Fourth Amendment to the Constitution specifically addresses when an individual’s personal property may be searched or taken by government officials such as police officers. Everyone has a responsibility to understand their rights when it comes to personal property and assert those rights when necessary. However, if you or a loved one were arrested and charged with a crime after a vehicle search, it is even more crucial that you understand your rights.

Search and Seizure of Property in a Motor Vehicle

Motor vehicles including cars, trucks, and vans may only be searched under certain conditions. However, the expectation of privacy is lower for an automobile than a home. Police generally need a search warrant to search a house or apartment, but they do not usually require a search warrant before conducting a vehicle search.

Police are authorized to search your vehicle if:

You give the officer permission to search your vehicle. Many people do not realize that they have the right to say “no” to a police search. Part of the confusion lies in the way that police officers ask for permission to search a car. They often imply that if the driver has nothing to hide, there is no reason to decline a search. However, keep in mind that it is your property and you have the right to calmly decline a police search of your car. This may not stop them from searching the vehicle, but saying “no” is the first step in protecting your rights.

There are illegal items in plain view. If police officers can see weapons, drugs, drug paraphernalia, or other illegal items in your vehicle from outside the car, they have a right to search it.

There is “probable cause” to search the vehicle. Probable cause means that police reasonably suspect that you have committed a crime or will commit a crime. For example, the smell of marijuana smoke in the car may indicate that a driver was driving under the influence of cannabis. This would be considered probable cause for a search.

The officer reasonably believes a search is necessary to protect himself or herself. For example, if an officer believes you have a hidden firearm in the car and will use it on him or her, he or she has the right to search the car.

You are arrested and the vehicle search is related to the arrest. If you are arrested for a criminal offense, police have the right to search the vehicle.  

Contact our DuPage County Criminal Defense Lawyers

If police conduct a search in violation of a person’s rights, any evidence they find in the vehicle is inadmissible in court. For example, if police search your car and find drugs but there was no probable cause for the search, you may be able to get your charges dropped. Call our skilled Wheaton criminal defense lawyers to learn more at 630-580-6373. Set up a free initial consultation today.

Source:

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0