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Can law enforcement search your car without a warrant?

| Sep 15, 2020 | Criminal Defense |

A traffic stop may cause you anxiety, even if you are not doing anything wrong when authorities stop your vehicle. Your stress level may rise even further if the law enforcement officer who stops you asks if he or she may look around your car. So, it is important that you have a firm grasp of your rights when this occurs. 

You may know from watching TV or movies that law enforcement may not search your home without a warrant. However, the laws are a bit different when it comes to performing a search of your car. Authorities may be able to conduct a lawful search of your vehicle without your consent if something called probable cause is present. 

Probable cause

If you refuse an officer’s search request, the only way the officer may move forward with the search is if he or she has some type of evidence or proof that something illegal is taking place. If the officer sees stolen property on your backseat during a traffic stop, this may create probable cause. If the odor of an illegal substance wafts out when you roll down your window, this may also give authorities probable cause to search your car. 

The absence of probable cause

Without probable cause or a warrant, a law enforcement officer needs your permission to look through your vehicle. Be wary, though, of the way an officer may word his or her request. Sometimes, authorities may word the question in a particular manner, such as saying, “You do not mind if I perform a search of your car?” The wording may make you feel pressured to give consent, but you do not have to allow the search in the absence of probable cause or a warrant.