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The cops can search your car without a warrant when one of the warrantless search exceptions applies. Generally, the police need a warrant to search a person, residence, or vehicle. But there is a list of exceptions, many of which apply to motor vehicles.
Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain when the cops can search your car without a warrant.
Can the police search your car without a warrant?
The basic rule is that the police need a warrant to search a vehicle (Preston v. United States, 376 U.S. 364 (1964)). But there are many exceptions to this rule. These exceptions include:
- Consent: You agree to allow the cops to search.
- Probable cause: Law enforcement has a specific, articulable belief that evidence of a crime is present, and the mobility of the vehicle makes it impractical to get a warrant. This may also be referred to as exigent circumstances (Carroll v. United States (1925)).
- Plain view: Law enforcement sees contraband in plain view.
- Frisk of a vehicle: Just as the police can pat someone down for weapons, they may also do a protective search of the passenger compartment of a car if there is a reason to believe the person may gain immediate control of a weapon.
- Incident to arrest: When the police make a lawful arrest, they may search the person’s vehicle if it is within reaching distance and it’s reasonable to believe it might contain evidence (New York v. Belton, 453 U.S. 454 (1981)).
- Impounded vehicle: The police can inventory a vehicle that has been lawfully impounded, but the search may not be done to find evidence. It must be part of a routine procedure for impounded vehicles (South Dakota v. Opperman, 428 U.S. 364 (1976)).
Law enforcement can also search your vehicle if they obtain a lawful warrant.
Your Fourth Amendment Rights in South Carolina
The Fourth Amendment to the U.S. Constitution protects people from unreasonable search and seizure by law enforcement. The protection of the Fourth Amendment applies throughout the United States, including in South Carolina.
The Fourth Amendment is brief, only 54 words. It protects people from “unreasonable searches and seizures.” The Fourth Amendment doesn’t explain what’s reasonable and what’s not. It says that law enforcement needs probable cause to obtain a warrant, warrants must be based on a truthful oath, and warrants must be specific. From there, it’s up to the courts to determine when a search, including vehicle searches, is reasonable.
South Carolina Constitution Article I, Section 10
In addition to the Fourth Amendment, the Constitution of the State of South Carolina also protects against unreasonable search and seizure. The concept is the same as the U.S. Constitution, but the language is slightly different.
When Police Can Legally Search Without a Warrant
Even though the general rule is that a warrant is required to search a vehicle, there are exceptions. That said, the cops can’t simply say that an exception applies and search your vehicle; it must be objectively reasonable that the exception applies.
Examples of probable cause to search a vehicle might include the following:
- You roll the window down, and it smells like marijuana.
- The driver shows signs that they are under the influence of alcohol or drugs.
- A drug sniffing dog hits on the vehicle.
- Vehicle passengers are acting suspiciously, including quickly rearranging things.
- Police corroborate information provided by a reliable tip.
These examples don’t always make a search valid. Police actions are evaluated for reasonableness on a case-by-case basis.
The rules for warrantless searches of vehicles are more relaxed than they are for homes. Because vehicles are mobile, evidence can quickly be moved or destroyed. In addition, there is a lower expectation of privacy in a vehicle than there is in a home (Cardwell v. Lewis, 417 U.S. 583 (1974)).
The “Probable Cause” Exception Explained
The police may not randomly stop vehicles on the roads and search them. To stop a vehicle, law enforcement must have reasonable, articulable suspicion of a traffic violation or criminal activity. They must have “probable cause” to stop the vehicle.
Law enforcement must have articulable facts to believe weapons may be present to conduct a frisk of the vehicle (Michigan v. Long, 463 U.S. 1032 (1983)). If they have probable cause to believe there is contraband in the vehicle, they may search (Michigan v. Thomas, 458 U.S. 259 (1982)). They don’t need reasonable suspicion if items are in plain view (Texas v. Brown, 460 U.S. 730 (1983)).
During these searches, there are limits to what the police can do. The search can’t extend to the people in the car unless there is reasonable suspicion for each passenger, either that they are armed or possess contraband.
Do You Have To Consent to a Vehicle Search?
No. If the police ask to search your vehicle, you can say, “I don’t consent to any police search.” Be polite, and remain calm. If the police ask why you won’t consent, you don’t have to give a reason. The police can’t force you to give up your legal rights. Don’t physically try to stop a law enforcement officer from searching, even if they are violating your rights. You can take your case to court.
What Happens If the Search Was Illegal?
If a search against you is illegal, the court can throw out the evidence. You must file a motion to suppress, and the judge decides the issue before the trial.
In extreme cases, it may be possible to bring a claim under 42 U.S. Code § 1983 for violation of your constitutional rights. An attorney can advise if this type of action is appropriate in your case.
Tip: The court can also evaluate the traffic stop. If law enforcement didn’t have legal grounds to stop the vehicle, the evidence against you may be suppressed.
How a Columbia Criminal Defense Lawyer Can Challenge an Unlawful Search
If your vehicle has been searched without a warrant, contact Shealey Law Firm. Talk to a Columbia criminal defense lawyer.