Can the police search my car whenever they want, or do they need a specific reason?
Whether you are a pacifist or a card-carrying member of the NRA, an urban teenager or a socialite soccer mom, there is something invasive about having the police rifling through your personal belongings. Lucky for all of us, we’ve got the Fourth Amendment.
As last week’s column discussed, police may “pat down” any occupant of the vehicle as well as the car’s passenger compartment if the officer has “reasonable suspicion” to do so. But what about when the police want to search the entire car?
To justify a search of the entire car, the police must have what is known as “probable cause” to believe that the car contains contraband, illegal drugs for example. Probable cause exists where a reasonable police officer has reason to believe that the vehicle in question contains contraband. For example, if a drug dog motions to the trunk of a car, and a driver fidgets or looks around suspiciously, or gives the police implausible answers about where he has been, a court would probably find that the police had probable cause to search the trunk. Once the police have probable cause to search a part of the vehicle, they are also justified in searching every part of the vehicle and its contents that may contain what it is they are looking for.
It should be noted that the rules on searches discussed above are only general rules; there are many exceptions and situations where the police have more leeway to conduct a search. For example, vehicles that are used as part of a “pervasively regulated business,” such as commercial trucking, may be treated differently. Different rules may also apply if the police stop a vehicle on or near the border with Mexico. Furthermore, whether a search is reasonable can vary widely depending on the specific facts. If you have a serious issue concerning whether a search was reasonable or violated the Fourth Amendment, you should contact an experienced criminal-defense lawyer.
This article appears in November 4 • 2005.