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Do Police Need a Warrant to Search My Car?

Generally, police do need a warrant to search you or your property, but it’s much easier for them do to so during a traffic stop. All a police officer needs is “probable cause” to legally search your car, which means they must have some evidence to believe you’re involved in criminal activity. A few common examples of probable cause include the smell of drugs, the sight of an illegal firearm or the admission of guilt for drinking and driving. Minor traffic violations, such as speeding or a broken taillight, are not considered probable cause.

Another way a police officer can search you or your car is if you consent. While the police may order you to get out of the vehicle and frisk you, you have the right to state your refusal to consent to the search, but do so verbally, and not physically. If a police officer asks, “Do you mind if I search the car?”, say no out loud. An officer may ask the question casually in order to catch you off guard, but without a warrant, a search would be illegal. Finally, your car can be searched without a warrant if a passenger in the car is arrested or the car is lawfully impounded by law enforcement.

Always remember that the 4th Amendment protects your right to refuse search requests, but that doesn’t mean a police officer will tell you about your right to refuse. Refusing a search isn’t an admission of guilt, but more of an exercise of your freedoms, which can sometimes be abused by law enforcement. If you refuse a search, and a police officer searches your car anyways, you may be able to dismiss any possible charges in court with the help of an experienced lawyer.

If you have been arrested, please contact our Santa Rosa criminal defense attorneys at the Law Offices of Evan E. Zelig, P.C. today. Call (707) 418-5352 or contact us online for a free consultation.