New York Civil Rights And Criminal Defense Lawyers

Can law enforcement officers search your car without a warrant?

On Behalf of | Wednesday Aug 12, 2020 | Civil Rights

When you come in contact with law enforcement, you maintain certain rights in many situations. Understanding exactly what rights you have in specific places may help you avoid an unnecessarily stressful or harrowing situation.

When authorities pull you over in your car, for example, your rights differ to some degree than those you have when they come to your door or stop you at a party or public event. You may be under the impression that a law enforcement official may not search your vehicle unless he or she has a warrant, but is this true?

Understanding “probable cause”

While authorities often need to have a warrant before entering and searching your home, the laws are different when it comes to your vehicle. They may be able to search your vehicle without having a warrant if they have something called “probable cause.”

Probable cause is something that gives a law enforcement officer a valid reason to search your car. If you admit to having something illegal in the vehicle, this may count as probable cause. The same holds true if the law enforcement officer sees something illegal in your car with his or her own eyes, or smells something he or she knows is illegal.

Refusing search requests

When authorities lack probable cause, you maintain the right to refuse a search request. If law enforcement officials ask you to get out of the car and you do not want it searched, state out loud that you do not consent. The Fourth Amendment gives you the right to refuse a search request, but authorities often neglect to tell you this.