Warrantless Searches are Presumed Unreasonable
The police always need legal justification for a search... unless you give them consent.
The constitution says that you have a right to be free from unreasonable searches of your home, your person, and your car. Car searches rarely involve a search warrant issued by a judge.
Suspicion in a Traffic Stop
The decision to search is usually made at the side of the road by an officer who originally stopped you for a traffic violation. Sometimes the traffic stop is just a pretext, because the officer suspects that you may be involved in some other illegal behavior, and wants a chance to find evidence of a more serious crime.
If he claims to see you commit a simple traffic offense, such as speeding or failing to signal, the officer may stop you long enough to issue a warning or a citation. That usually takes 15-20 minutes. He can check your driver's license, car registration and proof of insurance in the process. If he has the ability to run your personal information through a computer, or call for a record check during that time, he can see if you are under suspension, or have any outstanding warrants. This process gives him a chance to determine whether you have alcohol on your breath, or show any signs of impaired driving. An arrest for a more serious offense, such as driving under suspension, or under the influence may result.
Police Will Look for Evidence
Traffic officers are also trained to look for evidence that something more serious may be going on. If you fit the profile or list of suspicious characteristics for a drug courier or dealer, for example, he will be looking for an excuse to question you further, or to search your vehicle. The easiest way for the officer to search your car for evidence is to get your permission for a search. The traffic stop doesn't give him any legal right to search your car.
Even if he arrests you for a more serious traffic offense, he can only search the area around you where you might be able to reach a weapon or to destroy evidence. He cannot search the trunk of your car, closed containers, or any area you can't easily reach. Arizona v. Gant (2009), U.S. , 129 S.Ct. 1710, 1714.
You Don't Have to Chat with the Police Officer
Officers are trained to ask questions that might sound to you like casual conversation. Questions about your destination, where you came from, who you're staying with if you aren't a local resident, and why you are driving someone else's car are actually designed to produce a nervous reaction, or unlikely and contradictory answers. These might give the officer an excuse to hold you longer, or even to do a search.
Some officers will ask you if you have anything illegal, or any weapons in the vehicle. Nothing in the law requires you to answer any of these questions. Lying to the officer may get you in more trouble, remaining silent is always allowed. The constitution gives you the right to remain silent. It doesn't give you the right to lie to the officer. If the officer sees anything that sparks his suspicion, he may ask you to let him search the car.
You Can Just Say No
You are not required to consent to a search of your car. You don't need to have a reason for your refusal. The constitution gives you that reason. Arguing with the officer, or trying to explain your reasons will just prolong the stop. As long as you are still talking, the officer has an excuse for continuing to persuade you instead of writing your ticket and letting you go.
If you don't want your car searched, just say no politely and stop talking. If the officer continues to ask, you should just ask him if you are free to go. If he says no, he needs a legal reason to hold you.
Don't Be Bullied
Don't be intimidated by threats to tow you car, get a search warrant and tear up your car, or to get a drug dog brought to the scene. These are common tactics to try to force you to consent. If the officer thinks he has, or can get, legal authority to search, he will do it with or without your consent. If you don't consent, you can fight the search in court. If your vehicle is maliciously damaged, you can sue the officer. But if you consent, and a search leads to criminal charges, you will have far worse problems, and fewer possible solutions.
Learn more about Search and Seizure Laws and Police Searches of Your Car.
