Under what conditions can a cop search your car?

Question

I live in Illinois, and if you are pulled over, when can the copsearch your car? I heard that you must consent to the search, or it wont stand up in court if anything illegal is found. That doesnt sound right. Im not a criminal or anything, just curious :-)

Answer 1

They can search you car when:

1. They ask and you give permission.
For example: Hey dude, you don't mind if I look around do you? or " If you don't have anything to hide then you won't mind if I look in your car right"? or "Do I have permission to search your vehicle." It is your right to say Yes or No.

2. When they have "Probable Cause". Probable cause is anything that would cause or make a reasonable person believe that you or someone else in your vehicle are trying to hide evidence of a crime. For example: The smell of pot or alcohol in the vehicle or empty beer cans and etc in the car or a roach in the ashtray. Someone who is excessively nervous, anything that might tie you to a crime scene. A description given by a witness that matches you and/or your vehicle and passengers. The fact that you are leaving the area where crime has been committed or the fact you are leaving an area where there is a high incident of crime . Probable Cause can be the fact that you are in a area during a time of the day or night that normally people wouldn't be doing. The fact that you refused to have your vehicle searched is not probable cause in itself but it is a contributing factor. Probable cause in not just a single thing that Officers can use against you. It is a combination of things. These are only a few examples, there can be others.

3. With a warrant issued by a judge. Generally if a vehicle isn't going to be moved ( no driver or passenge) or if it is wrecked it is preferable to get a warrant because evidence isn't likely to disapear as long as it is being watched, Sometimes warrants take a long time to get. Reports to the Judge have to be completed and they have to find a Judge to sign the warrant before it can be served.

4. Your vehicle can be searched and inventoried if it is towed away and/or impounded. This is done to protect the contents of the vehicle. If evidence of a crime is found officers will then get a warrant issued at that time so that evidence can be preserved.

Answer 2

Illegal objects in plain view, gun, joint,bag of dope, etc., are grounds for warrantless search and/or seizure. See your 4th Amendment Rights! I now referre you to the following "Quotes"
of Law contained in the Georgetown Law Journal (2005):

Page 91; The " Automobile exception " to the warrant requirement
stems from both the inherent mobility of vehicles, which often creates exigent circumstances that make obtaing a warrant impractical, and the reduced expectation of privacy due to the
" configuration, use, and regulation of Courts reviewing the exigenciesstemming from a vehicle's inherent mobility rarely invalidate a search merely because the automobile's mobility was restricted. See now;
Coolidge v. New Hampshire, 404 U.S. 443, 460-62 (1971); the
Court held that a warrant was required to search a car in the driveway of a house under seveillance because circumstances
did not suggest that obtaining a warrant was impractcal. Also if the vehicle is impounded the police have a right to inventory the contents of the vehicle but, may not, open closed containers or luggage without a warrant this includes a locked glove box.

I hope this helps you GOD BLESS GOOD LUCK!

P/S; THE UNITED STATES SUPREME COURT IS THE LAW
OF THE LAND AND ALL CORTS ARE BOUND THEREBY!

Answer 3

Several of the first answers are very very bad. An officer can search your car sans warrant in specific instances and it has nothing to do with abuse of authority or any of that garbage and has everything to do with what the Constitution allows. The Constitution is not totally prohibitive in search and seizure.

If you want good advice and input, listen to Dumb Dave. His response is accurate. About the only thing he didn't cover was Terry Frisk of a vehicle. The decision Terry v. Ohio serves not just to frisk a person for weapons but also the passenger compartment of a vehicle. During a Terry Frisk the officer must have reason to believe you are a possible threat and then he or she can frisk your person for weapons. They may also frisk the passenger compartment of the vehicle, in the area of your immediate control, going into any unlocked container within your reasonable reach.

During a frisk for weapons, any contraband or evidence of a crime may be seized and used against you in court.

So, I would suggest that you consider Dumb Dave's response in conjunction with the information on Terry Frisk and this will give you a good picture of the situation.

Answer 4

The police have to have "reasonable articulable suspicion" to expand the scope of a traffic stop, if they smell marijuana, if they see furtive movements or what looks like the driver or passenger hurrying to hide something when the officer approaches, these will suffice as reasonable articulable suspicion and the scope of the stop can be expanded without the fruit of the search being suppressed.

Answer 5

You simply fall victim to cops' b/s. I've been there and have had the opportunity of NOT doing as I'm told and not getting arrested. There ARE indeed ways of confronting a police officer (just make sure you have witnesses... or a hidden recording device of some kind). The trick is to remain calm and not let them bait you into doing something you do not have to let them do... even if you have nothing to hide, they have no business in searching to find something to bust you for. What police do NOT want you to know is that they are looking to arrest anyone they can! See the URL below, and pay attention to the comments. My son-in-law is a police officer, my best friend's son-in-law is a police officer, my brother-in-law is a retired Assistant Warden, my best friend's brother also retired as a Supervisor in Corrections, and I trained 7 kids that are now near retirement form the NYPD!

Listen, first, they DO ask you and they insinuate that "if you have nothing to hide" in order to intimidate you, and or something similar thereto... and that's when you fall into their trap... live and learn; check out this video:
http://www.youtube.com/watch?v=3NmC5wHfCdM

You will be mighty surprised of how easy it is to exert your rights if you remain cool, calm and collected.

Answer 6

I do not know about your state but in Texas if they have probable cause they can search your car. If they find anything it will stand up in court!!

Answer 7

You don't have to consent to search but if you don't the officer has the right to arrest you on suspicion of a crime.

An officer will ask to search if he believes you are committing a crime or may find something related to a crime.

Answer 8

if you are arrested, he can, if he sees illegal activity in the car (Lets say he thinks he saw you waving a gun) or you give consent, then its all good for him to search

Answer 9

Here they can search without consent of anything.

Answer 10

in the state of okla, propable cause an they search.looks,actions,no tag,no insurence,"bla bla,