Under What Condition Can a Police Officer Search Your Car?
Few people welcome the sight of flashing red lights in the rearview mirror. For most, getting pulled over generally coincides with an expensive ticket. For some, however, a traffic stop results in a vehicle search. A police officer may legally search a vehicle during a traffic stop under certain conditions. The U.S. Supreme Court has issued several decisions that clarify under what conditions a warrantless vehicle search is legal.
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Fourth Amendment Exception
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Automobiles are not granted the same protection against warrantless searches as homes, according to the U.S. Supreme Court. The high court ruled the characteristics of an automobile make it very different from a person's home. A person driving a car can easily drive off with incriminating evidence in the time it takes a police officer to secure a warrant. Moreover, the court ruled the "expectation" of privacy is different in a vehicle.
Consent
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A police officer can legally search a vehicle with the driver's consent. Persons who have nothing to hide can save time by simply allowing the police officer to satisfy his curiosity. After the search, the police officer will issue any tickets relevant to the stop, and both parties can go on their way. Objecting to a search is not unlawful. However, it may lead to the police officer delaying the stop while he calls for additional backup, including a drug-sniffing police dog.
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Self-Protection
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According to the American Bar Association Family Legal Guide, a police officer may search a vehicle if "the officer reasonably believes that he must search the vehicle for his or her own protection." In Chimel v. California, the Supreme Court ruled that a search is "justified...by the interest of officer safety."
Arrest
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Historically, police officers exercised the right to search a vehicle when a traffic stop resulted in an arrest. However, this changed with the Supreme Court decision in Arizona v. Gant on April 4, 2009. In this case, the police searched the suspect's car after he had been arrested and secured in the police car. The suspect challenged the legality of the search. While the lower courts sided with the law officers, the Supreme Court ruled the search was illegal. According to Justice John Paul Stevens, "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest ...when these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant or show that another exception to the warrant requirement applies."
Probable Cause
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Police officers may search a vehicle without a warrant if they have probable cause. For example, if the police suspect the driver of driving under the influence they may search the vehicle for evidence to support their suspicion. In Thornton v. United States, the Supreme Court ruled police searches are lawful when it is "reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle."
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