Few sights elicit the sinking feeling you get when you see red and blue flashing lights in your rearview mirror. For a few moments, you hope they’ll pass you, but it soon becomes obvious you are their intended target.
You remain calm and polite while you hand them your license and registration. But then they ask if they can search your car. What should you do?
Is a warrant required?
The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. This includes your home and belongings, such as your vehicle. To search your car, law enforcement needs a signed warrant based on a reasonable belief that it contains evidence of a crime. However, there are some exceptions.
Law enforcement can search your vehicle if you consent to their request. It’s essential to understand that you can refuse to allow them to search.
There is also the Carroll Doctrine that dates back to 1925 and the days of Prohibition, when bootleg whiskey was being smuggled into the country from Canada. It states that officers can search your vehicle if they have probable cause to believe it contains contraband or evidence of a crime. That is because cars can be moved and evidence destroyed. One factor that wouldn’t contribute to reasonable cause is the odor of marijuana, unless there was additional suspicious behavior.
Officers may also be able to search your car if you are arrested. Even then, they are limited. If you are secured and can’t access your vehicle, they would need another justification to search. However, if your car is impounded, it can be searched as part of the inventorying process.
Another situation that lends itself to probable cause is if there are illegal items in plain view, such as weapons or illicit drugs.
If the police insist on searching your vehicle without a warrant after you refuse to give your consent, you should comply while repeatedly stating that you do not consent to the search. Be sure to document the interaction. It is wise to obtain legal guidance as soon as possible. An attorney can challenge anything that is found during an illegal search and help protect your constitutional rights.