Cars, unlike houses, do not require warrants in order to be searched. There are a number of reasons for this (like the fact that a car is more easily moved and the contents taken out of the jurisdiction of the Police) but the law makes a definite distinction. However, just because a warrant is not required does not mean that the Police can search for no reason at all. In fact, the police must still have probable cause to search, your consent, or must do a valid inventory search in order to go through your car.
Probable cause is a legal term of art that means a reasonable suspicion based on articulable facts that the place to be searched contains the item to be seized. The cops have to have more than a hunch, and must be able to explain to the judge what the logical reason was for searching your car. Things like the drug dog alerting on your passenger door can be enough, or the police seeing a gun or a contraband item in the back seat could be enough under certain circumstances.
Even without probable cause the police can ask for your permission to search. Most people do not feel like they can tell the Police “No”, but you absolutely have the right to refuse to allow them to search. So, after they office finishes writing you a ticket for having one headlight out he will usually say “do you mind if I look around the car a little bit”. If you say yes you may have just consented to having your car searched.
Finally, if the police have the authority to tow your car as a result of the underlying offense (like in a DUI for example), they may be allowed to search the vehicle in order to inventory the items inside. In certain circumstances those inventories and the evidence found as a result are legitimate.
Searches of vehicles are very tricky issues and can often come down to issues like whether the probable cause extended to opening your purse, or opening a closed box in the trunk. Even if the police have found something in your car does not mean that the search was done right. The consequence for an invalid search is that the evidence against you is tossed out (a doctrine often referred to as “The Fruit of the Poisonous Tree”).
These issues are very important and need to be fully explored. If your vehicle has been searched and police have found incriminating evidence call me, Mike Zimmerman, at Suhre and Associates. A lawyer is available 24 hours a day to consult with people in Northern Kentucky who have been charged with a crime. With former prosecutors and former police officers on staff we have the experience to help you with these issues and get the best result possible for your case.
