The Fourth Amendment to the U.S. Constitution prohibits the police from conducting traffic stops unless they have a reasonable suspicion that the driver or passengers are engaged in criminal conduct.
The police can stop a vehicle because they believe that the driver is speeding. However, they may not search the interior of the vehicle unless they have probable cause to believe that they can find evidence of a crime in the car. The police might search the passenger area for weapons if they have a reasonable suspicion that they might be found within reach of the driver or passengers.
But generally speaking, law enforcement would not look for and would not find evidence of a traffic violation inside a vehicle, and they would not look for it there.
Again, vehicle searches must generally be justified by probable cause, with some exceptions. The police must have “reasonable suspicion” first to stop a car and then “probable cause” to search the car after stopping it.
For example, the police might stop a person for a moving violation or for speeding because they detected it on their radar gun. The reading on the radar gun would entirely justify this. The police have a reasonable suspicion that the driver is speeding to justify the stop.
Then, as the officer stands outside the vehicle and asks the driver for their driver’s license, as they may, they detect the odor of marijuana and see the driver surreptitiously putting a plastic bag under their seat. On the basis of the odor, the surreptitious movement of the driver, and the plastic bag, the police could search the interior of the car for evidence of drug use or possession.
In general, the police need a warrant to search a person’s car unless they have evidence that establishes probable cause to believe that the car contains evidence of a crime. Another justification for a search of the car would be exigent circumstances, such as the presence of a weapon or the imminent destruction of evidence.
However, if the police have already stopped a person’s car for a traffic violation and observe evidence of a crime in plain view, such as drugs or contraband, they may search a person’s car without a warrant.
Remember that a person has the right to refuse a search of their car, but they should do so politely and respectfully. If the police conduct an unlawful search of a person’s car, any evidence obtained during that search may be excluded from use in court. The issue of the search is addressed later in court.
It is also important to keep in mind that there is no penalty for refusing to consent to a search. If law enforcement conducts a search without a person’s consent after they have asked for it, then the search can be challenged in court at a later time.
When May the Police Pull Over A Driver?
The Fourth Amendment’s “reasonableness” requirement prohibits the police from making random vehicle stops. They may not stop a vehicle and pull it over for an arbitrary reason or a reason that is not related to specific evidence of suspected criminal activity. The Fourth Amendment allows the police to pull over a vehicle only if the driver is suspected of having committed a crime of some type, e.g., a traffic violation, such as speeding, or is engaged in criminal activity.
So, for example, the police might stop a car if it fits the description of a car that a witness to a bank robbery has provided, and they observe it in the vicinity of the robbery, speeding away. However, the police must have a reason of this type to stop a vehicle.
What May the Police Do Once They Have Stopped A Vehicle?
If the police pull over a vehicle because they have reasonable suspicion, they may then conduct an “investigative stop.” During an investigative stop, the police may inquire about the reasons for a driver’s behavior. They may also ask the driver for their driver’s license. They may detect more evidence of a crime, e.g., they smell the odor of alcohol, and the driver’s speech is slurred. In this case, they may take additional steps as justified by the evidence.
When Can Police Search My Vehicle?
Having reasonable suspicion allows the police to make an investigative stop and issue a citation for any traffic violation they observe. However, it does not justify a search of the person’s vehicle. Once the ticket has been written, the police need additional reasonable suspicion of criminal activity over and above the reason for the stop to justify holding the vehicle for more time and searching it.
Where Can the Police Search in My Car?
Once the police have probable cause for a search, the search must be confined to those areas of the vehicle where the evidence of criminal activity is likely to be found. This means that if the police have probable cause to believe that evidence of a crime is in the vehicle’s trunk, police may search the trunk but not the rest of the vehicle.
In addition, if a person who is arrested can reach into the vehicle to obtain a weapon, then the police may search the entire area within the person’s reach for a weapon. This might include the glove compartment or center console.
However, locations in plain sight, such as the dashboard or cup holders, can be searched because any evidence lying within plain sight can be seized. The police must have a valid reason to search areas that are not in plain sight. They must limit the scope of the search to the areas where evidence of criminal activity is likely to be found.
It is important to keep in mind that a reasonable suspicion must be supported by some evidence that law enforcement can point to as giving rise to their suspicion. It involves something more than just a hunch or an intuitive feeling that a person is involved in a crime, and evidence can be found in the place to be searched.
When Can Police Search an Entire Vehicle?
One of the circumstances in which police may conduct a search after making an investigative stop is when the police reasonably suspect that the driver or a passenger in the vehicle is armed or dangerous. However, this does not necessarily justify a search of the entire vehicle.
Consider that the police have a reasonable suspicion that the driver or a passenger in the vehicle is armed or dangerous. In that case, they may conduct a limited “pat-down” search of the driver or search a passenger only to remove weapons or other items that might be used to harm the officer. This is based on the “stop and frisk” principle established by the U.S. Supreme Court in Terry v. Ohio.
However, the search must be limited to a pat-down of the person’s outer clothing. The officer cannot search inside the person’s pockets or other personal items unless they detect an object that is immediately identifiable as contraband or a weapon.
The police can search, or “frisk,” a vehicle for weapons if two conditions are met. First, the police must have made a lawful stop of the vehicle based on reasonable suspicion. Second, the police must reasonably believe that either the driver or a passenger is dangerous and may immediately grasp a weapon.
The “frisk” search of a vehicle may cover the entire passenger compartment of the vehicle. It would also encompass any unlocked containers in the passenger compartment. An officer cannot perform a “frisk” of a locked container in a vehicle, although reportedly, some federal courts do now allow this.
A law enforcement officer may not “frisk” areas of a vehicle from which an occupant could not obtain a weapon while seated inside the vehicle, i.e., the trunk. If the rear area of a hatchback, van, bus, or SUV is accessible to the occupants of the vehicle, the police may search that area.
Can the Police Search Other Vehicle Occupants?
If the police have arrested the driver of a vehicle, they may search other occupants only if they have probable cause to search the other occupants or another recognized justification, e.g., exigent circumstances.
A pat-down search for concealed weapons may be conducted if the police reasonably suspect that a passenger is armed and dangerous. A search for evidence of a crime may be conducted if the police have probable cause to believe that such evidence might be found on a passenger.
What Happens if a Search Is Illegal?
If a search is illegal, any evidence seized from the search must be excluded from criminal proceedings. This rule is known as the “exclusionary rule.” To prevent the use of illegally obtained evidence at trial, a criminal defendant must file a motion to suppress the evidence that was searched for and seized illegally.
Do I Need the Help of a Lawyer for an Illegal Search?
If you believe the police unlawfully searched your vehicle, you should consult an experienced traffic violation lawyer. The law regarding searches and seizures of evidence can be complicated. LegalMatch.com can connect you to a lawyer who can analyze the facts of your case, represent you in filing a motion to suppress, and at all hearings and trials.
