Police officers are agents of the state. As such, they are subject to restrictions imposed by the Constitution and the Bill of Rights. People in the United States have the right to be free from unreasonable searches and property seizures.
Those rights persist even in scenarios where minor infractions may have occurred. Someone pulled over by a police officer for each traffic stop does not instantaneously lose their civil rights. However, they often need to be aware of their rights to properly utilize them.
If an officer asks to search a vehicle, many drivers quickly agree. They believe that complying is in their best interests. Seemingly minor things that officers find can later serve as justification for criminal charges. Is it necessary for drivers to allow a search of their vehicle during traffic stops?
Searches are usually optional
As a general rule, if a police officer has to ask to search, they probably cannot do so without permission. By asking people casually during a roadside encounter, police officers can often trick drivers into waiving their rights. Once people give their consent to a search, they may be vulnerable because officers can continue searching even if they withdraw that permission.
In a traffic stop scenario, a police officer must have probable cause to search without a driver’s consent. They need to have an articulable suspicion of a specific crime that justifies the search. If they smell drugs or see open bottles of alcohol in the backseat, they may have a reason to search. Without a clear reason to suspect particular criminal activity, they need permission to search.
Police officers can get a warrant to search a vehicle, but usually doing so is not an option during a traffic stop. If police officers search despite a driver denying them permission and they cannot provide probable cause, then the search that they conducted may have been unlawful. The driver’s lawyer may be able to challenge the use of any evidence found if the case goes to trial.
Understanding the rules that limit police activity can help people develop a criminal defense strategy if they get arrested during a traffic stop. Those subjected to inappropriate searches may seek legal guidance so they can respond appropriately.