Miltenberger Law Offices

One of the most common scenarios where individuals encounter law enforcement officers is during a traffic stop. While most people know that the police can search their personal belongings if they have a valid search warrant or probable cause, the question remains: do the police have the right to search the car at a traffic stop? Outlined herein is the legal framework surrounding car searches during traffic stops and guidance on what to do if you find yourself in such a situation.
 

The Fourth Amendment and the Automobile Exception

The Fourth Amendment to the United States Constitution guards citizens against unreasonable search and seizure by the government. The Supreme Court held that the Fourth Amendment applies to searches of vehicles but that the automobile exception allows for specific searches without a warrant.
 
Under the automobile exception, police officers can search a vehicle without a warrant if they have probable cause to believe the vehicle contains evidence of a crime. That means if an officer sees drugs or weapons in plain view in a car during a traffic stop, they may search the car for more evidence. Similarly, if an officer smells marijuana or other contraband in the car, they may have probable cause to search the car without a warrant.
 
Without probable cause, the officer may still conduct a limited search of the car for officer safety reasons. This search is called a “pat-down” or a “frisk.” It aims to ensure that the driver and passengers do not have weapons that could harm the officer. During this search, the officer can only search the areas of the car where a weapon could be hidden.
 

What to Do If Searched During a Traffic Stop

If a police officer searches your car during a traffic stop, it is essential to remain calm and respectful. Do not resist or interfere with the search, which could incur additional charges. However, you should also be aware of your rights and take steps to protect them. If the officer did not have probable cause to search your car, you could challenge the search in court and have any evidence obtained during the search suppressed.
 
If you believe an officer violated your rights during a traffic stop, speak to an experienced criminal defense attorney as soon as possible. An attorney will assist you in better navigating this common encounter with law enforcement.

Do the police have a right to search your car during a traffic stop? Find out more about the fourth amendment and the automobile exception on police search during traffic stops.