Some drivers assume that they are subject to a vehicle search during a traffic stop. However, simply being present on the road in a motor vehicle is not adequate reason for officers to search the vehicle.
Even in cases where a motorist clearly committed a traffic infraction, a police officer must have reasonable justification to search the vehicle itself instead of just issuing a ticket or arresting the driver. What circumstances allow for a lawful police search of a vehicle?
1. A valid warrant
If police officers reasonably believe that a vehicle may contain evidence of a serious crime, they can request a warrant from a judge. A warrant allows for a thorough search of the vehicle, possibly conducted after taking it into state custody temporarily. Typically, traffic stops do not provide officers with an opportunity to secure a search warrant.
2. Probable cause
Many vehicle searches during traffic stops involve claims of probable cause. Police officers assert that they heard, saw or even smelled something that gave them an articulable suspicion of a specific crime. Empty liquor bottles visible in the backseat or the smell of illegal drugs could justify the decision to search a vehicle during a traffic stop.
3. Driver permission
People often assume that they must submit to a search, which results in them waiving their rights and granting permission for the search. If an officer has to ask to inspect the interior of the vehicle, they likely do not have probable cause to search without consent.
Drivers who recognize that a search was potentially inappropriate may need to discuss that suspicion with a criminal defense attorney. Unlawful searches can influence the evidence the prosecution can use during a criminal trial.