Should I Let the Police Search My Car?

In the United States, police can only search your car if they have a warrant, probable cause, or your permission. If the police do not have a valid reason to search your vehicle and they ask for your consent, you should politely but clearly decline to provide it.

During any interaction with the police, remember you have Constitutional rights that prevent the police from searching your car. There are situations in which the police can override your rights, but these situations are very specific. For a search to be lawful, the police must carefully follow procedures.

If the police searched your vehicle and you believe the search was unlawful, the criminal defense team at Just Criminal Law can help. Led by founding attorney and former Campbell County prosecutor Christina L. Williams, our team will carefully analyze your case and mount an aggressive legal defense.

From our offices in Gillette, we defend people charged with crimes in eastern Wyoming and western South Dakota. Contact us today to schedule your personalized case review and strategy session.

When Can the Police Search Your Car?

To lawfully search your car, police must have a warrant, probable cause, or your consent.

Search Warrant

Many vehicle searches occur during traffic stops, and it is unlikely (but not impossible) that the police will have a warrant to search your vehicle.

If the police stop you and claim they have a warrant to search your vehicle, ask to see it. To be enforceable, the warrant must state with specificity the person, place, or thing to be searched, the items the police expect to find, and the items that will be seized. Most search warrants have an expiration date to ensure the search is conducted within a reasonable time after the warrant was issued.

In practice, there is little you can do if the police search are intent on searching your car without a warrant. Say as little as possible, other than clearly but politely stating that you do not consent to the search. Then, contact our criminal defense team as quickly as possible.

If you were charged with a crime and the search was unlawful, our team can file a Motion to Suppress Evidence seeking to have the unlawfully obtained evidence excluded from consideration in any criminal case against you.

Probable Cause

During a traffic stop, the police can search your car without a warrant if they have probable cause to believe you committed a crime. To have probable cause, the police must have a reasonable suspicion that your vehicle contains evidence of a crime.

The police may have probable cause if:

1. They see evidence of illegal activity, like drugs or weapons.
2. They smell drugs, alcohol, or other substances associated with illegal activity.
3. You behave suspiciously, such as by appearing overly nervous or trying to hide items.
4. They received a tip from a credible witness or an informant about possible illegal activity.
5. They see, hear, or smell something that reasonably suggests illegal activity.

Even if the police discover evidence of allegedly illegal activity, our defense team can challenge whether the stop was lawful and whether the police reasonably had probable cause to believe you committed a crime.

Consent

Unfortunately, too many Wyoming drivers waive their rights by consenting to a search of their car. When the police officer asks an ambiguous question like, “Do you mind if I search your car?” they say, “Sure. Go ahead.” By consenting to a search of your vehicle, you forfeit the ability to have a criminal defense lawyer challenge whether the search was legal. Any evidence obtained in the search will be admissible against you.

In any interactions you have with the police, be polite yet firm. Clearly tell them:

1. You do not consent to a search of your vehicle;
2. You are asserting your right to remain silent; and
3. You wish to speak to a lawyer.

Remember, you have the right to refuse to consent to a search of your vehicle, and you are innocent until proven guilty beyond a reasonable doubt.

If the police search your vehicle without your consent, a warrant, or probable cause, our defense team can work to have any evidence of illegal activity excluded from consideration in your criminal case.

Do Not Consent to a Search of Your Vehicle

In short, do not consent to a search of your vehicle. Make the police get a warrant. You have the right to refuse a search of your vehicle even if the police threaten you with criminal charges, jail, or claim the judge or prosecutor will “go essay” on you if you cooperate.

By refusing to provide consent to search your vehicle, you create an opportunity for our defense team to argue the evidence should be suppressed because the police did not have a warrant or probable cause.

Contact the Defense Team at Just Criminal Law Today

Just Criminal Law is based in Gillette, Wyoming, and defends people accused of crimes in eastern Wyoming and western South Dakota. Contact us today to schedule your personalized case review and strategy session to discuss your situation and how we can help.

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.