A police search is often how officers secure evidence of criminal activity. What they find when they search an individual or their private property can help the state justify bringing criminal charges and secure conviction if the case goes to trial.
Unfortunately, that means there is an incentive for police officers to search even when doing so might violate someone’s rights. The Fourth Amendment to the Constitution specifically protects individuals from unreasonable searches and seizures of their property. Numerous court rulings and state laws help clarify that protection. People need to know their rights if they want to stand up for themselves during an encounter with law enforcement. Police often want to search a vehicle during a traffic stop.
When is a search of a vehicle legal and valid?
When a driver gives permission
The simplest way for a police officer to search a vehicle is to ask the driver for permission. Officers often casually request to look through the vehicle during a traffic stop. Most drivers want to be as polite and accommodating as possible during interactions with law enforcement. They may give permission to conduct a search, unaware of what officers might find something left by a passenger or a previous owner that puts them at risk of prosecution.
When an officer has probable cause
Police officers are always on the lookout for signs of criminal activity. If they have an articulable suspicion of specific criminal infractions, they may have the probable cause necessary to search without a driver’s permission. If they smell drugs or see what they believe is an illegal weapon, they can potentially search the vehicle and arrest the driver if they find anything illegal during that search.
When a judge signs a warrant
Sometimes, police officers believe that an individual has used a vehicle as part of a crime. They may believe that there is evidence of criminal activity in the vehicle. If a judge agrees that there is reason to suspect evidence of criminal activity in a vehicle, they may sign a search warrant. Police officers can potentially impound a vehicle temporarily to search it as part of a criminal investigation. If police officers search without a warrant, probable cause or permission. In those scenarios, the person subject to the search may be able to challenge the use of any evidence acquired during a criminal trial.
Recognizing violations of civil rights can help people assert themselves when dealing with the police. Illegal searches are a common issue that can help people fight pending criminal charges.