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5 reasons why a police officer might have probable cause to search your car
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5 reasons why a police officer might have probable cause to search your car

Police search a truck for probable cause.

You have rights, but a police officer can still search your ride with sufficient probable cause.

When a police officer stops you for a traffic stop, he or she may ask to search your vehicle. Now you have the right to request a warrant and refuse to submit to a search. However, police officers can search your car if they have probable cause.

Law enforcement agencies carry out tens of thousands of traffic stops per day. However, just because a police officer pulls you over does not mean they have probable cause to search your vehicle or confiscate your property.

According to the Leier Law FirmProbable cause is the legal means of determining “sufficient grounds to justify a law enforcement action, such as an arrest, search, or seizure.” However, a LEO is not allowed to search for your car based on simple criteria such as make, model or color. Instead, these are five of the factors that warrant research.

  • Clear criminal activity
  • Evidence of a crime in plain sight
  • Tip or information from a credible source
  • Contraband smell or appearance
  • Following an arrest or impoundment, or an “inventory” search

Let’s say a motorist is stopped for a moving violation or expired registration. If the officer notices an illegal weapon or contraband, it may warrant a search of the vehicle. Additionally, if a traffic stop ends in an arrest or impoundment, law enforcement will conduct an inventory search of the vehicle. Even if probable cause for a search is moot in this case, the arrest or seizure of the vehicle warrants an inventory. Of course, anything the police find in an impounded vehicle may be admissible in court. Fortunately, law enforcement training covers the vehicle exception rule for warrantless searches.

“If a law enforcement officer has probable cause to believe that a readily movable vehicle contains evidence or contraband, a search of that vehicle may be conducted without first obtaining a warrant. » In short, a police officer may not even need a warrant to conduct a vehicle exemption search, according to the law. Federal Law Enforcement Training Center (FLETC).