Most people would not know what to do if, during a traffic stop, the police asked to search their car. Does a person have to let the police search your car? Are the police entitled to search your car even if you don’t let them? There are several way by which a search may occur, and there are rights that you have to prevent these searches, or to fight them at hearing if improperly conducted.
These rights are rooted in your 4th Amendment right not to be searched without probable cause. A traffic violation doesn’t automatically lend itself to a search of your vehicle. When you are stopped by the police for violating a traffic law, they may ask you whether they can search your car. They may ask you if they can search during the first few sentences, while issuing the ticket, or after issuing the ticket. You have the right to tell them that they CANNOT search your vehicle. Further, if the police have no suspicion of you having broken any laws other than a traffic violation, then they do not have the right to search your vehicle, and your lack of consent should end that inquiry.
However, should you be stopped for a violation where you can be arrested, the answer becomes more murky. It used to be that an arrest at the scene would allow the officers to search your vehicle, pursuant to an officer safety or evidence of the crime exception. This was what was often termed a seach incident to arrest. Searches of this nature were recently severely limited in the United States Supreme Court case of Arizona v. Gant and then by the Illinois Supreme Court in People v. Bridgewater.
Essentially, if there is nothing in the car that the police will find to help their investigation, they do not have authority to search, whether you are arrested or not. And if you are removed from your car then there is no officer safety precaution because you cannot reach anything that may cause an officer a safety concern.
Nonetheless, with or without an arrest, the police may still ASK you if they could search the car . Remember, you do not have to consent. However, if the police impound your vehicle they may be able to do what is known as an “inventory search” in order to look through it. Keep in mind that your vehicle can be impounded for violations even if the driver is not arrested, for example on insurance violations.
Sometimes the police may lead you to believe that they can search whether or not your give permission. Sometimes the police will tell you that they can wait until the Canine Unit arrives so you may as well consent now. You are entitled to say no. Whether or not they can search with a Canine Unit is a subject for another day, but once you consent to a search, the chances that a defense attorney can suppress evidence against you is lessened.
If you have a pending criminal case, or believe you need a lawyer, call Weisz, Botto & Gilbert, P.C. at (815) 338-3838 for legal advice. Reading this post does not create an attorney / client relationship. Call us if you think you need a lawyer.
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