Article

The Proper Search of Your Vehicle

The Proper Search of Your Vehicle
12/07/2020

Can your vehicle be searched without a warrant? The answer to this question depends on a myriad of circumstances. There are several circumstances when a police officer is permitted to search your vehicle without a warrant, which include: 

  1. If you provide consent to have your vehicle searched
  2. A police officer's limited search under certain conditions for the officer's own safety
  3. A search for evidence of a crime that the individual officer has probable cause to believe has been committed in his or her presence
  4. If your vehicle is impounded by the police, there will be a routine inventory search

The 4th Amendment of the United States Constitution provides that, “The right of the People to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue but upon probable cause supported by oath or affirmation and particularly described in the place to be searched and the persons or things to be seized”.

 

The motor vehicle exception to these 4th Amendment Constitutional protections was first established by the Supreme Court in 1925 in Carroll v. United States. This exception allows police officers to search vehicles without a warrant, as long as there is probable cause to search. This legal rule is based upon the concept that there is a lower expectation of privacy in vehicles due to the regulations under which they operate.

 

The exception does not apply to vehicles parked on private property, as the vehicle is then protected by the 4th Amendment. In 2017, in the case of Byrd v. United States, the Supreme Court ruled that the motor vehicle exception does apply to people driving rental vehicles, even if the driver is not listed on the rental agreement.

 

Admitting to a crime or the visible presence of illegal drugs or weapons does qualify as probable cause to search. Other reasons a police officer may search your vehicle include the smell of marijuana, open container of alcohol in plain view or if the individual or the vehicle match a description of a vehicle recently used in criminal activity.

 

If a police officer does not have probable cause to search your vehicle or your permission, the individual has the right to decline or to remain silent. If the police officer then searches your vehicle unlawfully, any materials obtained in violation of the individual’s 4th Amendment Constitutional rights may not be used as evidence in the case against the individual.