Police officers conducting traffic stops often look for proof of misconduct. They want compelling evidence that a driver exceeded the speed limit or otherwise violated the law.
In some cases, they may want to search a vehicle to acquire evidence of a crime beyond a simple traffic violation. Motorists interacting with police officers on the side of the road can easily make mistakes that put them at a legal disadvantage.
Understanding the three main scenarios in which officers are allowed to search vehicles can help people avoid common mistakes. When is a vehicle search an option?
1. With a warrant
The strongest legal justification for a search is a warrant. If officers have reasonable suspicion of criminal activity, they could ask a judge for a warrant and may be able to temporarily impound a vehicle to conduct a thorough search.
2. With probable cause
Frequently, traffic stop vehicle searches rely on probable cause. A police officer smells, hears or sees something indicative of criminal activity that gives them justification to search. If an officer has articulable suspicions of specific criminal activity, that could justify a search of the vehicle.
3. With permission
Frequently, officers who cannot yet justify a search ask a person for permission. If they find anything during a consensual search, then they could continue searching without the permission of the targeted individual.
If a search was conducted illegally, it could significantly impact the defense strategy used in court. A defense attorney could prevent the prosecutor from using evidence found in an illegal search. Learning about rules that govern criminal trials can help people prepare to fight their charges.