For the state to bring a successful criminal charge against an individual, prosecutors need evidence. Part of what police officers do is actively collect evidence that supports allegations of criminal conduct. Evidence often comes from conducting searches of individuals and private property.
During a traffic stop, police officers may want to search a driver’s vehicle to look for drugs, weapons and other contraband. What they find could turn a traffic ticket into a full-fledged criminal charge in some cases. It is therefore beneficial for drivers to avoid unnecessary searches of their vehicles whenever possible, as people often don’t know what officers may find.
When do police officers have the authority to search a vehicle looking for evidence?
When they have a warrant
When there is a strong connection between a vehicle and criminal activity, police officers may be able to convince a judge to sign a warrant. Officers with a search warrant may temporarily impound a vehicle and conduct a thorough search looking for evidence of criminal behavior.
When they have probable cause
Many vehicle searches occur during traffic stops without warrants. Police officers may spot something as they approach the vehicle that gives them a strong suspicion of a specific criminal infraction. They may smell drugs or see what looks like an illegal item in the back seat of the vehicle. Police officers need to have a clear suspicion of a specific crime to justify a search based on claims of probable cause.
When they have permission
Frequently, officers go fishing for evidence and trick drivers into implicating themselves. They ask to search as part of a traffic stop. That request is often an indicator that they don’t have grounds to search otherwise. Drivers do not have to consent to a search, and refusing a vehicle search is not a reason for an officer to detain or arrest a motorist. People who know their rights can recognize when police officers have violated them.
Illegal searches often play an important role in a criminal defense strategy. Attorneys can use them to prevent prosecutors from using evidence that police officers found only as a result of inappropriate behavior. Understanding when a search might be illegal can help people identify defense options when discussing their case with a defense attorney.