A vehicle search can lead to the collection of evidence and an arrest for a crime. However, people have the right against unreasonable searches and seizures under the Fourth Amendment. This means that the police cannot search a vehicle without going through the proper procedures. If a search is done illegally, evidence collected could be dismissed from a criminal trial.
If you are stopped by the police and asked to search your vehicle, you should know your legal rights. So, how can the police legally search your vehicle? It can happen:
If you give the police permission
You can give the police permission to search your vehicle if requested. This may seem like the obvious solution to avoid escalating a traffic stop when you believe you have done nothing wrong. However, you may unintentionally face criminal charges for a crime you were not aware of by allowing the police to search your vehicle. It may be in your best interests to not give the police permission to search your car.
If the police have a search warrant
Typically, the police would have to acquire a court-ordered search warrant to search a vehicle lawfully. A warrant would allow the police to search a vehicle under certain specific conditions. These conditions may allow the police to search a vehicle at a specific location and time. In other words, a search may not be valid under the conditions outlined in a warrant.
If the search is incident to an arrest
If you’re pulled over on suspicion of a crime like drunk or drugged driving, the police can search your vehicle incident to your arrest to make sure that you aren’t hauling anything that would put them in danger. If they find evidence of a crime (such as illegal weapons) in the process, that can lead to additional charges.
How to protect your legal rights
The police could also search a vehicle if they made a lawful arrest or see incriminating evidence in plain view. If the police search your vehicle unreasonably, you can begin building a legal defense against criminal charges.