You’re driving along a roadway and suddenly see the red and blue lights of a police car flooding your back windshield. Your stomach drops—getting a ticket is the last thing you need right now. Although you’re not sure why you’re being pursued, you comply and pull over.
The officer appears at your window, and you hand over your license and registration. After a bit of discussion and many questions, the officer asks you to step out of the car.
Suddenly, the officer informs you that there’s probable cause to search your vehicle for drugs.
In this moment, you might begin to question whether you’re required to consent to the search. What are your rights in this situation?
Understanding probable cause
The Fourth Amendment grants you protection from unreasonable search and seizure. However, there are circumstances where police can search your vehicle without a warrant, although they are minimal. Four conditions allow searching a car without a warrant:
- You give consent
- They find probable cause
- The police feel there is an immediate threat, such as a hidden weapon
- You are arrested at the scene and the search is related to that arrest
Probable cause is a source of confusion for some people. It can be rather complicated to legally unpack what counts as probable cause, especially since in some cases, it seems like police can simply make up a reason to search if they’re determined to. If an officer claims to smell drugs, and begins questioning you, your responses may elicit a probable cause search.
If your car matched a description for a suspected vehicle, such as one that was stolen or belonging to a known drug trafficker, that could also count as probable cause.
The trunk and the interior passenger area of a car require separate reasons for searching. For example, if an officer uses smelling drugs as probable cause to search the car’s interior, there would need to be a separate cause stated for searching the trunk.
Do not give consent
When an officer says there’s probable cause to search your vehicle, it’s strongly advisable to comply. The important thing is that you never give a police officer consent to search your vehicle.
If a cop who has searched your vehicle without consent actually finds something and you are arrested as a result, the first thing you should do is ask for an attorney who can help you defend you in court. There’s a chance that the officer’s search was in violation of your rights, and you’ll need someone with legal expertise to defend you.
