Police Searches of Cars

The constitution created a federal protection against unreasonable searches and seizures being conducted without a search warrant. However, not every search done by police without a search warrant is illegal. There are many exceptions to the general rule of the police’s need to have a search warrant.

First, police do not need a search warrant to search someone’s car if that person consents to the search. So, if you tell the officer they can search your vehicle, the warrantless search is legal. Additionally, the plain view exception allows officers to legally search and seize items within your vehicle without a warrant. This means that if contraband is visible to the office without the officer having to look around for it or move other items to reveal it, the officer can then search your vehicle and seize contraband that he finds. The officer must have a lawful right of access to the items in plain view and the items incriminating character must be immediately apparent. For example, if you are pulled over for speeding and you have an empty bottle of liquor in your cup holder, that item is in plain view and may prompt a search of your vehicle. Here, the officer is legally allowed to pull you over for the speeding and he is allowed to stand at your door and see into your vehicle from his position. The empty liquor bottle is clearly incriminating because it is illegal to drink alcohol and drive.

The other important exception is known as the “automobile exception.” This allows officers to search a vehicle without requiring a warrant if they have probable cause to believe evidence of a crime will be found in the vehicle. This exception applies to vehicles that are readily mobile and in non-residential areas.  The courts recognize this exception because automobiles are moveable, and there is a chance that by the time an officer receives a warrant to conduct a search, the vehicle could be gone, along with the evidence of a crime.

If you think you may have been subject to an illegal search by law enforcement, please contact McNeelyLaw LLP by calling (317) 825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.