When stopped by the police for a driving violation, do I have to consent to their request to search my car?

Question

I was recently stopped for a speeding violation. While there, the policeman asked if he could look in the car and trunk. I had nothing to hide so I said yes. It seemed like he was giving me a choice, but I think I would have been arrested or given a ticket (I got a written warning) if I didn't let him check out my car.

Answer 1

Any search or seizure of an automobile must be "reasonable" under the 4th Amendment. Reasonableness is determined by the particular circumstances of the situation. With automobiles, a court will consider the totality of the circumstances that gave rise to the officer's decision to search your car. There will never be a simple answer to this question. If you are just speeding, then it is extremely unlikely that any evidence acquired from a non-consentual search of your vehicle may be used against you in court. However, if you are acting nervous, sweating, stuttering, smell like alcohol, etc., then the determination of whether the search was reasonable under the circumstances will be made by the judge. Also, the search must be reasonable prior to the officer's decision to conduct the search. So, if he opens the trunk without your permission and finds a weapon, he cannot legally expand his search to other areas of the car. He may try, but any evidence acquired will not be admissable against you in court (including evidence found in the trunk). So, if you are stopped and an officer asks to search your vehicle, you have the right to refuse the search. However, a drug sniffing dog may be used to smell for drugs (or bombs, etc.). Further, an officer may look into the vehicle from the outside for any items which suggest illegal activity. If a visual inspection or a drug dog reveals the possibility of illegal activity, the officer may have a reasonable basis for conducting a search despite your refusal.

Ultimately, you do not have to consent to any search of an automobile. However, a police officer may search your vehicle despite your refusal. If the search was legitimately based on reasonable suspicions of illegal activity, then anything produced from the search may be admitted against you as evidence in court.

Answer 2

You do not have to consent to a search and you should not do so. Anything the police turn up during a consensual search of your vehicle or person can be used against you in court. DO NOT LET THE POLICE INTIMIDATE YOU INTO A SEARCH! Many police departments train their officers to do this so that they can get consensual searches and obtain convictions from these searches. DO NOT CONSENT TO A SEARCH! EVER!!! If the officer implies that he will let you go if you let him search, politely tell him to write you a ticket. That will be better than any legal trouble you could get into from a search. Also, you are responsible as the driver for what passengers have in your car. You may have nothing to hide, but a passenger may, so do not consent to any police search.

They cannot arrest you for a refusal to search. It is a Constitutional right to refuse search. If the officer has to ask you if he can search, you have the right to say NO! Until the officer produces a legitimate warrant, he has no right to search and you have no obligation to consent to a search. While agreeing to be searched may get you on your way quicker (if the search turns up nothing), there is the risk of having a cop turn up something that could be considered drug paraphenalia (the list of things in that category is quite extensive). It's not worth it.

Police can only hold you if they have probable cause to believe that you have committed a crime. A minor traffic violation is not probable cause to support a search, so he can't search unless you say yes. Tell him no, take your ticket and go on your way.

Answer 3

To answer your question, if a police officer asks you to search your vehicle you have the right to say no, UNLESS he/she has a warrant, or has arrested you during the traffic stop for some other crime. As far as calling for the dogs, it has to be done so that you are not made to wait longer then a normal traffic stop (unless the officer has probable cause). The officer mostly likely would not have arrested you for speeding (unless your state has a law that makes it a crime to exceed the posted speed limit by x number of MPH or some similar benchmark). Although the officers decision to issue a ticket should not be made by weather or not you gave consent. Either way it worked out for you but as a good American you should exercise your rights and make the police work for their searches.

Answer 4

No. You do not have to allow them to search your vehicle.
If they see something illegal in plain sight, however, that is probable cause, and they can search on those grounds.

The fact that the officer asked to search may indicate he had reason to believe you might have had some contraband.
Speeding was most likely the excuse to pull you over.

If you refuse the search, most likely, the officer would tell you why he wanted to search. Depending on the jusridiction you are in, they may call for a K9 unit to run around the vehicle before they let you go.

Legaly though, without your consent, and without probable cause, they need a warrant to search your vehicle.

Answer 5

You didn't have to consent, but it probably would have resulted in a ticket instead of a warning for the origianl violation. Unless he thought you were acting suspiciously and he could claim he had probable cause, then he could search the truck and give you a ticket.

Answer 6

No, you don't have to consent. However, not allowing the search gives them probable cause and they can hold you until they either get a warrant to search or call out a K9 unit to go over your car.

If you have nothing to hide, as much as it sucks to say, you're better off just letting them search you and get it over with. Otherwise you're stuck there till they decide to let you go.

Answer 7

No you dont have to allow a search !! BUT if a officer decides that they have cause they will seach anyway and you may find that they may find things in your car that wasnt there before they started the search >>> and dont say it dont happen it does all the time dont be nieve the police in this country have become judge and jury and if you cross them most will see to it you regret it

Answer 8

No they dont but by giving permission to go head and search your right you probaly avoided a ticket. You would have said no then they would have held you there longer and got a drug dog witch would have made you later then you already was. It's probaly a good thing you left your stash at home hugh!

Answer 9

I don't know what the laws in your state are, but in mine, they can not legally search your car for a driving violation without your permission.

Answer 10

stupid, never give up your right to say no. he needs to have a reason to search.... unless you say yes.

searching your car has nothing to do with a speeding violation. grow some b*lls. you just made it that much easier for that cop to pull his next victim over and intimidate.