Can the Police or Troopers Legally Search My Car?

Interactions with the local police or New York State Troopers are often terrifying, especially if you are being stopped for being suspected of committing a crime or traffic violation. When stopped, you may be uncertain of your rights and may feel intimidated by the police presence. In some cases, the police officer may ask you a series of questions, ask you to get out of your vehicle, and may even ask to conduct a search of your vehicle, your person, or other property, such as your backpack or even your home. Here’s what you should know about search and seizure laws and your rights when asked to consent to a search.

You Have The Right To Be Protected Against Unreasonable Search and Seizure

Under the Fourth Amendment to the United States Constitution, you have the right to be protected against unreasonable search and seizure. Under the Fourth Amendment, it reads that this right shall not be violated and no warrants for search and seizure shall be obtained unless there is probable cause. This means that the police do have the right to search your person or your property when the police have been able to present probable cause that they will find evidence of a crime if they conduct a search and they have presented this evidence to a judge who has issued a warrant; the police do not have a warrant, but they do have probable cause the circumstances are such that a warrantless search is justified; or the police have your permission to conduct a search. 

Can Police Search My Car During A Traffic Stop?

Police can search your car at a traffic stop if they have probable cause to do so or they have your consent. You do not have to give your consent. If the police ask to search your vehicle, you can and should politely say no. 

If you are pulled over for a traffic violation, the Fourth Amendment protects you from unreasonable searches and seizures. Only a few circumstances allow the police to search your car, including:

• You give the police consent to search your car.
• The police observe contraband (e.g., drugs or firearms) in plain view.
• The police determine they have probable cause.
• The police conduct an inventory search prior to towing.
• The police have obtained a search warrant.

The first and most common reason to search is upon consent. The police will ask you to consent to a search of your car – or more likely, they will pressure you and try to convince you to let them search. No police officer is going to advise you that you have the ability to say no. In fact, they will make you feel like you can’t say no.

The police can also search your car if they observe contraband in plain view. A plain view search is exactly that, the police have to observe the contraband within the car from the outside and they must know that it is contraband. This is typical if they see a gun or drugs on the floor board of a vehicle.

A third potential reason for a search is probable cause, often referred to as the automobile exception. This means that the police can search a car without a search warrant when they have probable cause to believe that the car contains contraband. The basis for this search is that the car is mobile and getting a search warrant may take too long. By the time they get a warrant, the car will be gone.

Another common exception that allows the police to search your car is through an inventory search. During an inventory search, the police search your vehicle prior to it being towed. If your vehicle has a suspended registration, an expired inspection, or if you are driving on a suspended license, the police have the authority to tow your vehicle. Inventory searches can also be completed after a DWI. An inventory search is completed to search for valuables prior to a tow to protect itself from claims of theft.

Finally, the police can search your car if they have a search warrant. Only a judge can issue a search warrant, and that warrant can only be issued after the police provide probable cause to believe that the vehicle contains contraband or evidence of a crime. More often than not, if the police get a search warrant for your vehicle, they have already taken possession of your vehicle. Search Warrants are very rare for side-of-the road traffic stops.

What Happens If A Search Violates My Rights?

In some cases, police officers will conduct searches of vehicles, homes, personal property, or persons that are in violation of the suspect or defendant’s Fourth Amendment rights. Evidence found in these searches may be seized and submitted to the court against the defendant, and used by the prosecution to secure a conviction. This is one of the most important reasons to have a skilled Rochester criminal defense lawyer on your side. Your lawyer can file a motion to exclude the evidence and, if the court finds that the evidence was obtained via illegal search and seizure, it will withhold evidence, and the evidence cannot be used against you in your criminal prosecution. This could result in charges against you being dropped or reduced.

Get Help From An Experienced Rochester Criminal Defense Attorney

If you are facing criminal charges, you need an attorney on your side who understands your Constitutional rights and is prepared to advocate for you. To learn more about the Rochester criminal defense attorneys at the office of King Law, call our office directly today. We are here to represent you. 

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