Know when Police Can Search Your Vehicle - and when They Can't

American Motorists Should Understand Their Rights Under the Constitution Before Consenting to a Vehicle Search

Constitutional rights protect American citizens against illegal search and seizure. In today’s turbulent times it has never been more important for the average citizen to understand constitutional rights to protect against unwarranted searches. Most Americans own automobiles but many are not aware of when law enforcement officers have the right to search a vehicle including the trunk space. Specific laws determine just when and under what circumstances an officer can search the trunk of a car. 

In many cases, police officers have no right to search the trunk or interior of a vehicle during a routine traffic stop but recent statistics from the Bureau of Justice indicate that out of 19.3 million traffic stops, l.3 million motorists were searched but almost 90% of the searches yielded no incriminating evidence. These searches included both the vehicle’s interior as well as the trunk. 

Most citizens are familiar with warrants and a police officer with a warrant must be allowed to search home, property, or vehicles. However, it’s important to remember that to obtain a warrant; the officer must provide a higher authority with probable or just cause. 

Searches without a warrant are permissible by law under some circumstances and these include:
• Consent searches. Any citizen who agrees voluntarily to a search by officers waives his or her rights under the Fourth Amendment of the Constitution. Any incriminating materials or evidence found during a consent search provides law enforcement officers with the right to detain, arrest, and confiscate. 

• Plain View Rule. If a motorist is stopped for a traffic violation and he or she has an illegal substance or possession (i.e. drugs or a weapon) in plain view, an officer does not require a search warrant to investigate further. 

• Searches made in connection with a legal arrest. If a motorist is arrested for driving under the influence, then a search of his or her vehicle is permissible under law.