The Fourth Amendment
The Fourth Amendment of the U.S. Constitution protects citizens from unlawful searches and seizures. This means that, in many cases, police or other government officials cannot search your property at will.
Generally, to enter your home, other buildings on your land, or your car, police must obtain a search warrant. If the police have a warrant, they can search your car. This includes a search of every compartment, including the trunk, under the seats, and anywhere else, including the engine, wheels, tires, or under the body panels.
Under California law, there are a few instances where the police are allowed to search your vehicle without a warrant.
When Can Police Search My Car Without a Warrant?
Knowing when the police can search your car without a warrant can be helpful:
1. If You Give Them Permission
A police officer may not have a warrant but ask for your permission to search your car. If you grant them permission, they can begin a thorough search of your car. If they find anything illegal, that finding can be used against you in court.
This only applies if your permission is granted voluntarily. They are not allowed to coerce you into giving your permission for the search.
2. Illegal Items Are in Plain View
When the police stop you for any reason, they are allowed to look through the windows of your car. Suppose that they see illegal items like an open container of alcohol. In that case, they can arrest you and perform a more thorough search.
If the police notice an obvious odor coming from your car, such as the odor of marijuana smoke, you should also expect a more invasive search.
3. There Is Probable Cause
Your car is your personal property. It has some privacy protections, but not the same protections as your home. If the police observe evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed, that evidence gives them the probable cause needed to search your car.
4. If You Are Arrested
If you are arrested while driving, the police will impound your car. Once the car has been impounded, the police must do an inventory search and list the items in your car. If they happen to find illegal items during the inventory search, it could lead to other charges. The items will most likely be used against you in court.
The police are not allowed to coerce you into giving your permission for the search.
The Best Protection Against Vehicle Searches by Police
While you may not be able to prevent the police from searching your vehicle if they have probable cause, you can protect yourself from trouble. The simplest solution is to keep your vehicle free from illegal items at all times.
By keeping your car free of illegal items like large amounts of narcotics, you know that even if the police search your car, they won't find anything incriminating. If you have transported anyone who may have had illegal items, it's a good idea to search your car yourself to make sure they left nothing behind.
What to Do If You Are Stopped by Police
If you are stopped by the police, that doesn't necessarily mean there is cause for alarm. They may have simply stopped you for a minor traffic violation, such as a broken taillight. If you have been stopped and do not want your car searched, don't panic. Just remember the following:
- Be respectful: being argumentative can make you seem suspicious
- Take advantage of your right to remain silent
- Politely refuse requests to search your car
- If your car is searched and illegal items are found, ask for a lawyer
It is vital to remember that anything you say can and will be used against you in court. So if the police find something illegal in your vehicle or place you under arrest, you should not say anything else until youve spoken to a criminal defense lawyer.
Defenses Against Charges Resulting from a Vehicle Search
A seasoned defense lawyer may be able to have charges against you reduced or dismissed. The most effective way to do this is to prove that the police discovered the illegal items during an illegal search.
If your attorney can show that the evidence that led to your arrest was obtained through an improper search, they can file a motion to suppress. If the motion is granted, the evidence will not be allowed to be used against you in court.
