Can the California Highway Patrol search you?

Question

can the CHP search your vehicle.....?? lets say you are driving home from las vegas and you are speeding will they search you?? does it depend on what vehicle? nervousness? race? color of car?? MALE FEMALE? young old?

Answer 1

Yes CHP or any other law enforcement agency charged with enforcing laws can search your vehicle. They can do this under two different reasons. The first is consent to search. Even if you give consent for the officer to search, the officer still needs to have reasonable suspicion just to be able to ask if he can search your vehicle. Reasonable suspicion is articulable facts. Reasonable suspicion is more then a hunch or a gut feeling. It is specific facts that would lead an objectively reasonable police officer to suspect that: Criminal activity has, is or will be occurring; or The officer or others might be in danger from a weapon or other dangerous weapons or other dangerous items.

Now the second way an officer could search your car is under probable cause. The officer does not need to obtain a search warrant because the search falls under the “Automobile Exception” as long as the officer has probable cause. The permissible search area includes closed or lock containers where the officer might find what he/she has probable cause to look for (glove box, trunk, center console etc). Basically, the mobility of vehicles makes it impractical for police to obtain a search warrant. Suspects in vehicles, unlike suspects in dwellings, have a less reasonable expectation of privacy in their vehicles. In case you are curious, probable cause is trustworthy facts and circumstances within the officer’s knowledge that would lead a reasonable person to conclude that it is more likely than not that: The suspect has committed or is committing a criminal offense; or Evidence of crime will be found in a particular place.

So yes, if you are driving home from Las Vegas and you are speeding you run the risk of being stopped for a moving violation. Whether or not the officer decides to search your vehicle depends on many variables. Many things can lead an officer to reasonable suspicion or probable cause, like: furtive gestures, the odor of marijuana, anything in plain view, the odor of an alcoholic beverage, totality of circumstances etc. Your race, age, sex, the type of vehicle you’re driving, can not be used in determining reasonable suspicion or probable cause.

Answer 2

The CHP has all the abilities as a peace officer. There are many reasons that may determine whether or not an officer will search your vehicle. The important thing to remember is that they must have a reasonable suspicion to search you or your vehicle. If it is a common traffic stop then you will not be searched. But yes, everything you mentioned does play a role to determine the outcome of a stop. We are human and have all developed prejudices whether we want to admit it or not.

Answer 3

Of course they can search you they are police officers. If you were speeding and got stopped that may not be grounds for a search. It would also depend on the incident surrounding the stop.

However, they can search you and your car for their safety.

Answer 4

Cam is correct. If they don't have probable cause or reasonable suspicion, they have to ask your permission to search the car. You have the right to say no. If they are asking your permission, it is because they know that legally they have no right to search your car. But if they ask, and you say yes, then they can rip it apart. I think type of car, age, race, etc all play a part as to whether or not they even ask you if they can search your car. They probably are not going to ask a 70 year old white man in a station wagon but will probably ask to search a young black male driving a hoopty through an affluent suburb. Many people with something worth hiding in their car stupidly agree to a search because they think "If I tell the officer yes, then he won't search me car." Trust me, if he asks, it's because he has a gut feeling that you might be hiding some contraband.

Answer 5

The Fourth Amendment of the U.S. Constitution protects the people of the United States from unwarranted & unreasonable searches. & seizures ~ it doesn't matter where you live as long as it is on U.S. soil. So what is reasonable? In a nutshell the Fourth Amendment says that a citizen of the United States has the right to be secure in their property, person, and effects against unreasonable searches. A warrant can be issued should the person in possession of this property not be willing to let law enforcement search their car and there is a finding of probable cause (ex: alcohol on the breath and marijuana shake grass scattered on the dash). For more information on the Fourth Amendment see the link below.

Answer 6

people say that they need probable cause to search you, but actually they just need reasonable suspicion, the guidelines of which are much more relaxed. They could just have a gut feeling, in most cases they will ask for permission to search, if you say no they may ask you to stay put while a k-9 unit walks around the car, but usually they will just let you go unless you give them some other reason to be suspicious.

Answer 7

The CHP, & so can every state in the nation for that matter.
Since 9/11, all Police have to be more cautious now because
of increased dangers, & if you have nothing to hide, then you have nothing to worry about.
In some states, even if you refuse to have your vehicle searched, they will automatically suspect you have something to hide.

Answer 8

Technically, they cannot search you without either your consent or probable cause to suspect illegal substances. In practice, it's very difficult to enforce that, so officers search vehicles all the time.

Answer 9

They can ask to search your vechile. If you don't allow it, they will have to have probable cause or a warrant.

Answer 10

If thery have probable and reasonable cause they can search you.