Can police search your car without a warrant?

Answer 1

Yes they can if they meet the following criteria. Consent, probable cause, search incident to an arrest, or policy driven vehicle inventories for towing purposes. Probable Cause can be obtained by plain view or plain smell, K9 Alert, or someone witnessed you do something illegal. An officer can also do a wing span search of the area in which you have control over if he suspects you may have a weapon, it is called a Terry Search. I am sure that someone may articulate other reasons better, these are just a few I can think of. Hope this helps

Answer 2

Generally, a warrant is required to search your property. However, there are exceptions for automobiles. The main rationale for the exceptions is that since cars are mobile, they will be gone before an officer can get a warrant to search from a judge. A secondary rationale is that since cars are on public streets, drivers should have a reduced expectation of privacy compared to their homes.

1. If the police have probable cause that the car contains something illegal like a prohibited weapon or drugs, then they may search the car. Or if the police have probable cause that the car contains the tools used to commit a crime or the proceeds or evidence of a crime, then they may search the car.

Under this part of the exception, the officer can only search the part of the car where what he is looking for may be found.
So if a police officer pulls a driver over for speeding and smells marijuana, he may search the entire car for the drug, including any containers like cups or purses. But if he has probable cause to believe that you have an assault rifle in the car, he could only search where the gun could be hidden and not, say, in a thermos.

2. If an officer makes a lawful arrest of the driver of the car, he may make a warrantless search of the passenger compartment of the car. This search includes the glove compartment but not the trunk.

Note: an officer may always search your car without a warrant if you consent to the search. Sometimes police will pose the question with the implication that you do not have the legal right to refuse. However, you can refuse to consent.

And sometimes a police officer will search your car and then say that you consented when you did not. In a trial, your lawyer can move to suppress whatever the officer found that was illegal, and it will be your word versus the officer's about whether you consented to the search.

Answer 3

1

Answer 4

Yes.

If you give them consent

-or-

If you are going to be detained for any offense involving your vehicle, the officers have a right to do an inventory search on the car. This means they can check any and all areas that may be used to store something.

-or-

There is an exigent circumstance which gives probable cause that a crime is or was committed. If they smell weed, they can search the car... if they view contraband in plain view, they can search the rest of the car.

In any case, most departments aren't going to waste time getting warrants for cars. Good officers can conduct searches without warrants and still be within the scope of law. At worst, the officers will have the car impounded and request a warrant if they deem it to be necessary.

Answer 5

Sorry this is so long, but you did ask!

Vehicular searches are generally NOT a state-by-state issue. Although state legislatures (by enacting statutes) and state courts (through rulings on state constitutions) can give their residents greater protection than the 4th Amendment provides, few do so; and regardless, a state may NOT authorize search standards below the minimums listed below.

This is a pretty exhaustive list; please let me know if I miss something!

If police have "probable cause" to believe that either contraband [1] or evidence of a crime [2] is located within a vehicle that has been lawfully stopped on the public roadways, they may search the entire vehicle [3], including any containers within [4] (regardless of who actually owns those containers [5]), but may not automatically search a non-driver's person [6]. However, vehicles parked in a driveway [7] or in a garage [8], rather than having been stopped on public roadways require a search warrant.

If the police have a "reasonable suspicion" (i.e. less evidence than would constitute probable cause) that the vehicle occupants are armed or could have access to a weapon, they may frisk the vehicle's occupants [9] and conduct a limited search of the passenger compartment to discover any weapons [10].

Police do not need any justification whatsoever to allow a narcotics-sniffing dog to sniff around the exterior of a vehicle [11]; and if the dog "alerts," that constitutes probable cause [12].

Similarly, if the vehicle's owner or driver consents to a search, officer's may search the vehicle [13] and any containers within [14] without any further justification. In fact, police may search the vehicle based on the consent of anyone they find who they reasonably believe had authority to consent to the search, even if that person didn't actually have any such authority [15].

Police do not need any justification to seize contraband in plain view, so long as they have probable cause to believe that the object they are seizing is, in fact, contraband [16] - and the contraband seized may provide the "probable cause" necessary for a more complete search [17].

If any occupant of the vehicle is lawfully arrested while inside the vehicle [18], or is arrested near the vehicle after having recently been inside it [19], police may search the passenger compartment and any containers within, all without a warrant.

If your car is lawfully impounded for any reason, police may search the vehicle [20] and any containers found inside [21] in order to inventory the contents, if the department has some policy in place to guide the searching officer [22].

Hope that helps!

Answer 6

It really depends on the situation. Federal law requires that there be probable cause before conducting a search and seizure of your vehicle. It's your right to deny search of your vehicle, but they have to ask you if they can search your vehicle if they don't have a warrant. If they don't have a warrant, and don't ask, and there's nothing in plain view or there's no probable cause for a search, then no, they can't just start searching your vehicle.

Answer 7

Get a No Cost Background Check Scan at https://bitly.im/aNRdI

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 8

Yes, under certain conditions.

Arrest-If you are arrested for say, OWI or have and outstanding warrant your vehicle can be searched. This is search incident to an arrest.

Probable Cause/Plain view-If I see a beer can that has some beer in it in a cup holder or a half burned joint in the ashtray or any kind of paraphernalia visible to me I can search the vehicle. If I smell the odor of marijuana(Yes, we are trained to identify the specific odor.) emanating from the vehicle I can search the interior of the vehicle. If a Dog zeroes in on a scent, I can search the vehicle.

Permission-If you consent to a search I can search the interior of the vehicle.

Answer 9

If there is probable cause for search, yes...they may search without a warrant. If you are arrested and the car is impounded, the vehilce needs to be "inventoried" prior to being impounded. If illegal things are found while the car is being "inventoried", then the inventory should be stopped and a warrant sould be sought.

Answer 10

There is a mobility exception, if the officer believes that you have contraband, have commited a crime, or is about to commit the crime they are allowed to search due to mobility. Basically if they left to get a warrant you would leave due to mobility and they wouldn't be able to serve the warrant, so..... they can search w/o a warrant, if they have consent, or p/c