The Fourth Amendment is a critical part of the Bill of Rights and protects American citizens from unlawful searches and seizures of places such as their homes and cars.
But now that you find yourself stopped on the highway by a law enforcement officer, you wonder whether that officer may search your car and under what circumstances he or she may legally do so.
Consent, probable cause and arrest
Here are the situations in which law enforcement may search a person’s vehicle and seize evidence after a traffic stop:
- Consent: If the driver gives consent to the officer’s request to search the vehicle.
- Probable cause: The law enforcement officer must have probable cause, suspecting criminal evidence exists in the vehicle.
- Search warrant: Possession of a valid search warrant provides law enforcement with the legal means to search a person’s car.
- An arrest: Should the officer arrest the driver, he or she may look for items connected with the arrest. An example may be drugs from a drug-related arrest.
- Objects in plain view: If officers spot a firearm or drugs in the backseat, they do not need probable cause or a search warrant to seize the items as evidence.
- For protection and self-preservation: In tension-filled situations in which an officer may sense danger, he or she determines that a search is necessary to ensure the protection of the officers as well as the public. These situations often relate to cases involving hidden weapons such as firearms. Along with the vehicle, an officer can search and frisk the driver and occupants.
- An impounded vehicle: Once authorities tow and impound a vehicle, they may search it even for a speeding or parking violation.
As you can see, under certain circumstances, authorities do not need a warrant or even probable cause to conduct a search of your vehicle and seize evidence.
Understand your rights
Even though times exist in which law enforcement may conduct legal searches of your vehicle, be on the alert. Make sure to understand your rights, especially if you think an illegal search and seizure has taken place.