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When can authorities search your car without a warrant?

On Behalf of | Dec 15, 2020 | Firm News

Having authorities stop you in your car may lead to stress and anxiety, even if you have nothing to hide. You may find the experience to be particularly anxiety-inducing if the law enforcement official who stops you pressures you to allow him or her to search your car.

The rules authorities must follow when it comes to searching your vehicle differ from those they must follow when searching your home. Understanding what rights you keep in this situation may help you avoid trouble with the law. Typically, authorities have the right to search you when they also have one of three things.

When authorities may search you

Law enforcement officials typically have the right to search your car during a traffic stop if they have a warrant, your consent or something called probable cause. If the officer on the scene does not have a warrant and you do not consent to the search, say so.

When authorities lack consent or a warrant

In the absence of your consent or a warrant, an officer needs to have probable cause to look around your car. Probable cause means he or she sees, smells or otherwise has proof or a valid reason to believe something illegal is taking place. Seeing something reported stolen in the backseat of your car may count as probable cause. Smelling illegal substances or seeing drug paraphernalia in your car may, too.

In the absence of a warrant, consent or probable cause, authorities may not search your vehicle. However, you should never expect them to share this fact with you.