Can a cop just search your vehicle on traffic stop without a warrant?

Question

Just wondering. I know cops do some crooked stuff at the expense of those who dont know the law. Just wondering, cause I was watching cops the other night and on routine traffic stops the cops were saying "Do you mind if I search your vehicle?" If they had the right would they say "do you mind". Not to mention isnt that what a warrant is for?

Answer 1

I saw the same episode of cops. Why do stupid people say "OK, You can search my car" and then they have cocaine and marijuana in the car? Once an officer stops a vehicle there are only three major exceptions to the requirement for a warrant. The first, and most common, is consent. Second, the officer may search a vehicle without a warrant if there is probable cause AND exigent circumstances. Usually, the officer will use the fact that a vehicle is a movable object as exigent circumstances. That may not hold water all the time since the officer can detain the suspect while another officer gets a warrant. Particularly if it is during business hours when several judges should be available to review the probable cause. Don't forget, a warrant is simply a judicial sanction of the probable cause that the officer reports from the scene. Probable cause is still required for the search. The third exception commonly used is what is known as an inventory search. If the officer needs to tow the vehicle for any reason, they must inventory the vehicle's contents to defend against any claim of stolen merchandise later. Thus, officers often will look for an excuse to tow a vehicle because they are then allowed to search it.

Answer 2

Depends on the situation. If an officer approaches the vehicle and there is contraband in plain view they can. If the officer can detect an odor associated with illegal activity such as drugs he has probable cause to search your vehicle. The officer can also search the vehicle incident to arrest with no warrant needed. If the officer has no probable cause to search the vehicle he must obtain permission from the driver or get a search warrant. Bottom line is don't participate in illegal activity and you won't have anything to worry about.

Answer 3

Sure they can in certain circumstances. He asked to search, so them he got consent. You dont need a warrant if you have consent. Also, what was the individual stopped for? Remember a summons is simply "in leiu of arrest" so probable cause has already been established....but at the same time you cant search a car for a simple speeding ticket, but if there are other circumstances, you can. A smell of pot smoke, or the person is acting in a furtive manner.....they can also make a search legal.

Answer 4

Yes, it's called probable cause. If there's a reason for the officer to believe there's illegal activity, i.e., drunk driving, they smell marijuana smoke, see evidence of drug use, then they can use probable cause to search without a warrant. By asking, "do you mind if I search your vehicle", they are giving you the chance to either let them look quickly, and "prove" that you're a law abiding citizen, or to refuse, and contact a judge to get a warrant on the spot, and do a more thorough and detailed search.

Answer 5

An officer needs to have probable cause to search a vehicle. If he/she asks to search your vehicle, and you say yes than they can without a warrant for by saying yes you gave them permission. If you say no, you look like you have something to hide and he/she will than get a warrant, for they want to know what you're hiding.

Answer 6

Think about it this way. He asks if you mind. If you say you don't, you have given him that right to search your car but if you say no, he will call it in and search it anyway because that gives him a justifiable reason to search it. He thinks you're hiding something. It's a lose lose situation. It's a legal thing. If you are wearing a piece of jewelry with a pot leaf on it, that's gives him a justifiable cause to search.

I've been in law enforcement but I didn't like the corruption within the ranks.

Answer 7

If a cop has just cause, like seeing something suspicious or smelling something, then they don't need a warrant or your permission. But if they ask for permission you have every right to say no. And without a warrant they have no right to go into any place that is locked up. That includes glove boxes and trunks.

Answer 8

If they ask you and you allow them to search - then they don't need a search warrant - or if they have 'probable cause'.
If you have nothing to hide - then go ahead and let them look.
If you tell them "no, you can't search my car without a search warrant" then that makes you look guilty and are hiding something.

Answer 9

Just asked my police buddy and he said if they ask and you tell them you do not want them to search your vehicle they cannot do it without getting a warrant. And unless they are suspicious that you have something illegal they will not call in for a warrant. He said it takes up to much time.

Answer 10

They cannot search unless you give them the go-ahead...however, they can legally to detain you for 24 hours without charging you with anything. I've seen persons refuse to allow a search, and the cop made them stay until they got a dog and a warrent.