When is it illegal for police to search your car?

Most Americans have been trained to trust people in authority, especially those who hold a position in law enforcement. While many believe that the police are primarily responsible for enforcing the law, they actually work for the state whose primary objective is to prosecute offenders. The Fourth Amendment to the United States Constitution protects all citizens from unlawful search and seizure. Officers must have probable cause before they can legally carry out a vehicle search. Any law enforcement official must have a valid reason to pull over a driver by witnessing the motorist committing a traffic offense, having expired registration tags, or vehicles that have a broken taillight. Once the suspect is stopped, the officer can run the license plate to see if there are any arrest warrants in the system for the registered owner. When can police search your car is a common question asked by people who have been arrested when the police have found something in their car which led to their arrest.

What Constitutes Probable Cause?

Probable cause is defined as reasonable grounds that the suspect is guilty of committing a crime. If the police suspect that contraband may be found in the vehicle or the occupants are behaving in a suspicious manner, they may have legal cause to search the vehicle. The officer must be able to pinpoint factual evidence that proves they believed the suspect was involved in committing a crime. They cannot profile a suspect by gender or race. In some cases, the office may ask the driver if he or she consents to a search and if they agree, the suspect has then waived their Fourth Amendment rights. The U.S. Supreme Court ruled in 2005 that drug-sniffing dogs that alert police to the presence of drugs constituted enough probable cause for a search without consent or warrant. Anything that is within plain sight of the cops gives the officer probable cause to conduct a search.

Getting Legal Help From a Defense Attorney

Dealing with the police when you have been pulled over during a traffic stop can be a harrowing experience. The best advice is to remain calm, be courteous and polite and comply with providing your license and registration when requested. A person’s behavior may mean the difference between spending the night at home watching television or fighting for their safety in the local jail. If you have been charged with a crime, contact a criminal defense attorney immediately, keep your mouth shut and never make incriminating statements to anyone, including your spouse.