If you are pulled over for a traffic stop, law enforcement may ask to search your vehicle. A vehicle search is often done if the police believe they can obtain incriminating evidence, such as open bottles of alcohol, illegal drugs or weapons. This evidence could be used in a criminal trial to convict a defendant.
You likely do not want the police to search your personal property. It may feel like a violation of your privacy. You may wonder if the police have the right to search your vehicle. In some cases, they do. However, you are protected from unreasonable search and seizure under the Fourth Amendment, which means the police have to take the right legal steps to search your car.
Here is what you should know:
What the police must have before conducting a vehicle search
Under the Fourth Amendment, the police have to meet certain conditions before they can search a property, such as a house or vehicle. These requirements include:
- Permissions from the property owner: The property owner can refuse a search.
- A warrant: The warrant should be court-ordered, and the police must follow the specific parameters of the warrant.
- Probable cause: The police could search a property if there is compelling evidence of a crime.
- A legal arrest: If the police make a legal arrest, they could search a property for evidence.
- Endangerment: Law enforcement could perform a search if there is reason to believe that someone is at risk of harm.
Despite your constitutional protection, the police could abuse their power and make an unreasonable search and seizure. Evidence collected this way could be dismissed in a criminal case. Legal guidance can help you take the steps to create a strong defense.