Can Police Search Your Car Without a Warrant?
Knowing when a police officer can legally search your vehicle can help you protect your rights in the event of an arrest or investigation. In some circumstances, an officer must first get a search warrant from the courts before probing a vehicle. In others, such as in traffic stops, an officer merely needs probable cause. If an officer infringes upon a citizen’s rights by illegally searching a vehicle, any evidence the officer finds during the unlawful search will likely not be admissible in a court of law. A qualified criminal attorney in Raleigh can help you use this defense, if applicable.
The Right to Freedom From Unreasonable Search and Seizure
The Fourth Amendment of the U.S. Constitution protects citizens from “unreasonable search and seizure” by law enforcement. Search and seizure might be “unreasonable” if an officer doesn’t have a search warrant or probable cause to conduct the actions. Violating a citizen’s Fourth Amendment rights will result in the exclusion of any evidence of a crime the officer finds during the illegal search. To find out if an officer had legal cause to search your vehicle in Raleigh, ask the following questions:
- Did the officer have a search warrant? If the answer is yes, the officer likely had legal permission to search your vehicle. If not, the officer might have been operating under the motor vehicle exception. The “motor vehicle exception” first arose in Carroll v. United States. In this 1925 case, the U.S. Supreme Court ruled that an officer can legally search a vehicle without a search warrant as long as the officer has probable cause to believe that the vehicle contains evidence of the owner’s involvement in criminal activity.
- Was there probable cause for police to connect you to criminal activity? “Probable cause” to search your vehicle without a warrant means a firm belief (based on something real, not an officer’s “hunch”) that the officer will find evidence of a crime in your vehicle. An officer may also conduct a vehicle search if he/she believes it necessary for the officer’s own protection. If you are under arrest, an officer has the right to search your vehicle for evidence relating to the arrest, such as for illegal drugs.
- Did you give the officer permission to perform the search? Without a search warrant and without probable cause, the only other occasion in which it might be legal for an officer to search your vehicle in North Carolina is if you expressly give your permission for the officer to do so. If you have nothing to hide, agreeing to a vehicle search won’t hurt you. Otherwise, politely do not give your permission. This will force the officer to either find probable cause to conduct the search anyway or file a request for a warrant.
When in doubt, stay calm and decline answering any questions until you have a lawyer present. Do not resist arrest or admit fault for any crimes. What you don’t say can’t hurt you later. Pull over immediately, keep your hands on the wheel, and obey all the officer’s orders. If the officer asks to search your vehicle or says something like “Do you mind if I look in your car?” politely refuse the request. Should the officer search your vehicle anyway, verbally state that you are not consenting to the search. Never physically resist an arrest or vehicle search. Stay cool and collected until you can talk to an attorney.
Contact a Dedicated Defense Attorney
If you’re in any doubt as to whether a police officer had the legal right to search your vehicle, call a criminal defense attorney. In the event that you’re facing charges for a crime such as drug possession, based on evidence the officer found in your vehicle, there is a chance the officer didn’t have the right to conduct the search. This could lead to the courts throwing out the case against you. Talk to a lawyer as soon as possible to best protect your rights in Raleigh.