what is the law in regard to the times that a police officer "can and cannot" search a motor vehicle

Answer 1

Simply put the officer needs Consent or Probable Cause to search a vehicle.

There are different types of searches that can be done on vehicle.

Consent: If an officer asks for consent to search your vehicle and you say yes, then they can search it. You can tell them to stop searching at anytime and can even limit the areas they can search such as "Yes you can search, but you can't look in the trunk." During the consent to search if the officer locates contraband, then it is no longer a consensual search and you can no longer stop the search and revoke your consent.

Probable Cause: If the officer has probable cause that there is contrabnd in the vehicle then he can search it. There are many ways to come up with probale cause and I do not have enough time to write it all down. Some examples are: (1) Plain View Contraband. The officer sees in plain view without entering your vehicle some contraband. For example an open container of alcohol, a handgun on the floorboard, or a joint in the ashtray. (2) Odor of contraban. If the officer can smell the marijuana in the car can gie them probale cause.

Terry search or pat: This type is done for officer safety. While the officer is pulling you over, the officer observes what he calls furtive movements. In other words, insetead of pulling over right away, the driver or the occupants start moving around a lot inside tha cab of the vehicle. The officer has the right to search the imidiate area within reach of the occupants for officer safety. This does not allow the officer to search a trunk, or the cargo or truck bed area.

Search incident to arrest: If a person is arrested out of a vehicle the officer can search the area of the vehicle within the contol of the person arrested. Again this does not allow an officer to search the trunk or cargo area.

Inventory: If a vehicle is to be towed, the officer will inventory the vehicle for any high value items that maybe left in the vehicle. This is to reduce liability. That was the person can not come back later and claim there was a 25,000 Rolex in the center console and now it's missing. This opens the entire vehicle up for a search, but only if a high value item may reasonably be there. The officer will not chack under the hood, drop the gas tank, remove door panels ect...

Hope this answered your question.

Answer 2

First and foremost an officer does need "probable cause" to conduct any search or seizure!

A home would normally require a search warrant, however, there are exceptions to entering a home without a warrant.

A motor vehicle is a bit different! A vehicle is moveable which creates what is known in legal jargon as "exigent circumstances" or in laymens terms "emergency conditions."

Because a vehicle can be moved...evidence may be destroyed more easily than elsewhere. As such the courts have ruled that searches of a vehicle can be conducted without a warrant provided probable cause exists. Probable cause is a higher level than "reasonable suspicion."

On a motor vehicle stop, the officer may utilize the abilities of a K-9 which if the canine alerts provides sufficient probable cause to conduct a warrantless search.

Other searches are available as well ...such as a form of the "Terry Frisk" or immediate area of the driver to insure no weapons are available to a suspect.

A "plain view" observation of contraband can be considered a legal intrusion into the vehicle as well.

One can't help but realize that mere quotation of the 4th Amendment does not address the many legal cites provided by our courts since it's inception.

If asked for consent...you can either give or not give consent. If no consent to search is given then the officer must have enough probable cause to enter a vehicle with a warrantless search in mind.

In hopes this helps...best wishes.

Answer 3

Your question is to vague. There are numerous times a Police Officer may search your vehicle.

Here are some reasons:
1). Search Incident to Arrest
2). When the Officer has Probable Cause and the vehicle is in a public place.
3). Search Warrant
4). Inventory
5). Vehicle frisk
6). Abandoned property
7). To determine the identity of the owner (i.e. to move something off the dash board so the VIN can be read.).
8). Consent of the owner or driver.

If you have a specific incident in mind e-mail it to me through Y! Answers and I will tell you what's up.

Edit: Carroll Doctrine does require Probable Cause NOT Reasonable Suspicion.
Read here:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=500&page=565

Answer 4

Which country are you from? But in general, all police officer can search a motor vehicle in the public place so long they have reason to suspect there are something in the vehicle. In short, a police office can search a motor vehicle at any public place.

Answer 5

Seems to me these answers are all over the place...

I will assume you mean search during a traffic stop.

Here is the short and sweet version. You DO NOT need probable cause to search a vehicle. This was ruled on by the US Supreme Court in Carroll v. United States.

All the officer needs is a reasonable suspicion to search your vehicle. The Carroll Doctrine, as it is referred to, states you have a lesser expectation of privacy when operating a vehilce on a public road. If the officer has enough evidence to get a search warrant, a warrant is not needed. The definition of "reasonable suspicion" is "anything causing a reasonable person of average intelligence to suspect the search will turn up evidence of an illegal act". This is actually a pretty low burden of proof.

For more information, you can do a search on Carroll v. United States or The Carroll Doctrine

Answer 6

i like the guy who replied, "in case you do no longer understand the respond then shop your mouth close" and then he went directly to respond to incorrectly. Sweeeet! the respond is specific. There are a ton of the rationalization why a Police Officer can seek a automobile. some examples, a Probation seek, a Parole seek, probable reason (the scent of burnt marijuana, a crack pipe on the floor board, a baggie with white powder in it on the seat, and so on), consent to seek, the motive force would be unable to grant any identity, a itemizing seek if your automobile is being towed, a passenger is on probation or parole (yet then basically interior the section around that guy or woman and interior their attain), next to the motive force's arrest... there are assorted motives a automobile could be searched. For all people who say that an Officer will seek if he needs to, how approximately no longer giving the Officer any reason to seek?? do no longer smoke marijuana on your automobile, do no longer go away a crank pipe on your sprint, do no longer stress inebriated, do no longer conform to probation- stay in penitentiary and rancid the streets.

Answer 7

There is no real set law. There are court rulings and these are the general circumstances:

1. Search incident to arrest (you get hooked up, they can search)
2. Warrant
3. Probable Cause (officer smells your dope)
4. Consent
5. Inventory (before a car is towed)

Answer 8

It all comes down to probable cause. If a officer pulls you over for speeding and sees illegal items in plain view in your car. He is allowed to search it. Also if anything seems suspicious to him, he can get a warrant and then search your car. If they do it for no reason and find anything, those findings will be thrown out in court. Talk to a lawyer for most strict guidelines.

Answer 9

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Answer 10

The better question is "do you have something in your vehicle that you would not want me to know about?"