Does an officer need a warrant to search your car?

Question

can an officer randomly ask you to open your trunk without a warrant and if they can, do they need probably cause?

Answer 1

No an officer can ask you for consent to search your car without probable cause or even reasonable suspicion. I sometimes notice something out of place about how someone acts and I get suspicious of them. After that I usually start asking questions and sometimes consent.

On a side note if an officer has probable cause to search a vehicle that is in a public place then they can search it without a warrant or consent. This is commonly referred to as the Carroll Doctrine. A very common example of this would be the smell of marijuana coming from inside the vehicle.

Answer 2

Your son is probably lying. A police officer may search a vehicle if there is probable cause but you say he got a warrant which you also need probable cause to obtain. So if the officer had probable cause for a warrant then he had probable cause to search the car on the spot without a warrant so why would he tow the car and get a warrant? Do you see what I'm saying?

Answer 3

if you are pulled over for a traffic violation and the officer has you get out of the car you should lock your vehicle and put the keys on the ground by the left tire.When asked for permission to search the vehicle say clearly "no I do not consent".
At that point they will threaten you that they can get a warrant while you wait on the roadside...and will call his supervisor to
bring it.You say and do nothing and wait for the "warrant" to arrive.When a "warrant" is waved in your face you have the RIGHT to examine it BEFORE they act on it.
The first thing you will notice is that the "warrant" will not have your name on it, that means it is an 'administrative warrant'
which is still a "consent to search waiver", not a valid specific warrant that meets the requirements of the 4th Amendment
protections against illegal search and seizures.
You then say loudly and clearly that the paper is not valid as your name is not on it nor does it specify what is to be searched,why(probable cause) and specifically what it is they are looking for.They may do a search anyway inspite of your legal protest that they may not but you have laid the groundwork for legal proceedings against the officer and the entity it works for violating your civil rights.Always be courteous but do not talk except to answer specific questions
ONLY about the traffic stop,you are not obligated to tell them where you going, came from or any other questions that is not directly involved in their reason(s) to stop you.
Stay calm and be polite.

Answer 4

They can always ASK. If you say yes, neither a warrant or probable cause is not needed because they have consent. If you say no, a warrant may or may not be required depending on the circumstances. If you are actually arrested and you car is towed, an 'inventory search' will be conducted. Aside from that, probably cause would be needed for a search.

Answer 5

No, they don't. Either consent or probable cause must exist. For example, if they smell weed in your car, but can't find it in the passenger compartment, they can pop your trunk and search. OR, if they have a drug dog that gets a "hit" on your car, thats PC to search the whole car.

AND YES, an officer ALWAYS has the right to ask you to search your car. If they pulled you over for a Vehicle and Traffic violation, they already have PC for your arrest. A uniform traffic citation is technically an appearance ticket that you're accepting in liu of being physically arrested and taken to jail.

Edited to Add: Tootsie - even though I understand what you're saying, you should never consent to searches because you've "done nothing wrong." It's hard for me to say this, because I'm a prosecutor, but its a Constitutional Right under the 4th Amendment to be free from illegal searches. That means that the police cannot harass you by searching. That's why I'd be torn if I was asked if they could search my car.

Plus, do you know how many weapons cases I've gotten from no PC car search cases? Folding knives, bullets with no gun, utility knives, etc can be used against you if you have a dick cop.

Answer 6

When a police officer stops you on the road you are technical under arrest. The arrest part is up to the officer. At that point if he ask you a question. Your answer should be ( I want a lawyer). Yes you will go to jail but he can not search your car without a judge's order. When you have a lawyer you can sue the city and the police department and the police officer if there is no parable cause on the police officer part. Remember when you ask for a lawyer the POLICE IS NOT TO ASK YOU ANY QUESTIONS. However, they will violate your rights and try to get you to answer their questions. You must keep demanding a lawyer.

Answer 7

An officer can ask for permission to search your trunk without a warrant. You can say no. Then the officer may get a warrant or he may let you go.

If you are alone and an officer stops you, I recommend that you do what the officer asks you to and consult your attorney afterward.

Answer 8

An officer can randomly ask you to search pretty much anything, including your home or your car. Consent is one of the exceptions to needing a warrant.

Answer 9

I would advise you to disregard any and all advice from a police officer!
They do not have your best interest in mind and it is only important to them to back up the brothers or sisters in blue at whatever cost to the citizen in question.
Not ALL cops are going to do something so heinous as to pull a person over and then beat them sensless for any reason but the cops who don't commit these types of crimes are still guilty because they do not do anything to expose the criminal acts of their co workers.
Some may excuse these officers because it is not uncommon that when a officer does expose the corrupt he/she is then up for some serious retaliation but thet way I see it is that when you become a cop you take a oath to protect and serve, to risk your life for the lives of others so you do not get to pick and choose when to abide by your oath and if doing your duty means being chastised by your peers then so be it and thank you for your bravery but if you choose to shirk your responsibilities then we can only continue to chase you from your position of authority to end the on going abuse to the citizenry.

The Fourth Amendment, as it is generally understood, protects you from unreasonable search and seizure. The Supreme Court has looked at a number of cases involving Fourth Amendment rights and warrantless searches. In most instances, the officer can conduct a search if they have probable cause to do so. This is essentially a hunch backed up by reasonable suspicion. There may be something in your behavior, your physical appearance, or the physical appearance of your vehicle that would prompt an officer to search.

For example, you might have been pulled over because you were driving erratically. However, a smell coming from the car or signs of slowed reflexes on your part may have indicated you are using some type of drug or alcohol. If the officer decided to search your car from glove box to trunk based on the suspicion that you are using and possibly transporting an illegal substance, this would be probable cause.

Answer 10

The answer to the first part of your question is YES. The second part is MAYBE and entirely depends on your location and type of vehicle. Most commercial vehicles can be searched on any intestate and all vehicles on Federal Property or any International port.