Can Police Search My Vehicle Without a Warrant?

The Fourth Amendment prohibits unlawful police searches and generally prohibits a search of your vehicle by the police. However, there are circumstances where police can lawfully search your car without a warrant.

Understanding Search Warrants

The U.S. Supreme Court has ruled that a search warrant is required whenever a person has a “legitimate expectation of privacy” in the thing or place to be searched. The Court adopted a two-part test to determine whether a person has a legitimate expectation of privacy.

1. Was there a subjective expectation that the place being searched would be private?
2. Was this expectation of privacy objectively reasonable?

When the police search your vehicle without a warrant, they may have violated your rights, and the judge should not consider evidence obtained through an illegal search. However, there are exceptions to the search warrant requirement, and there are instances when police can search your vehicle without a warrant.

Exceptions to the Search Warrant Requirement

Even though warrantless searches are prohibited under the Constitution, some exceptions allow the police to search your vehicle without a warrant.

Automobile Exception

The law views vehicles differently from your home or your person. Courts have upheld the warrantless search of a motor vehicle on the basis that: (1) a person has less of an expectation of privacy in their motor vehicle than in their home; and (2) due to the mobility of a vehicle, any contraband could be more easily removed from the scene.

However, the scope of the search is limited to areas where the police have probable cause to believe they will find something illegal. In many cases, police can lawfully search your vehicle, including the trunk and any containers in the vehicle that could contain contraband.

Plain View

When the police see or smell something that gives them probable cause to believe you have committed a crime, they can lawfully search your vehicle without a warrant. For example, if the police smell marijuana coming from your vehicle, they can search it without first obtaining a warrant. Similarly, if they see evidence that you committed a crime, such as an open container of alcohol or drug paraphernalia, they have probable cause and can search your car without a warrant.

Administrative Search

If you were arrested because you had drugs in your car, police will have your vehicle towed to an impound lot. Once your car is impounded, police can lawfully search your vehicle for other evidence of a crime.

Search Incident to Arrest

If you have been placed under arrest, police can perform a search incident to arrest to ensure that there are no weapons or people who pose a threat of harm to the police officer. The extent of the search is generally limited to the officer’s “wingspan.”

Consent

Police can also search your vehicle without a warrant if you have consented to the search. To prevent a search of your vehicle without a warrant, you should politely but unequivocally tell the police that you do not consent to the search. Refusing a search does not provide police with probable cause to believe you have committed a crime.

What If You Were Stopped for a Minor Traffic Offense?

If you were stopped for a minor traffic offense and there is no additional evidence to suggest you committed a crime, police likely will not be allowed to search your vehicle without a warrant. But, if something gives them probable cause to believe you did commit a crime, they may be able to lawfully search your vehicle without a warrant.

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Based in Gillette, Wyoming, Just Criminal Law proudly represents people in Eastern Wyoming and Western South Dakota. Led by our founding attorney and former prosecutor Christina L. Williams, our experienced team of criminal defense professionals will do everything we can to protect your one shot at justice. We have a demonstrated record of success and will aggressively defend you against criminal charges.

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DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.