If you are subject to a traffic stop, you might hear a law enforcement officer ask if they can search your car. The fact that they are asking usually indicates that they don’t believe they have the right to do so.

If you consent to a search and they find evidence of a crime, they can use that evidence against you. However, you don’t have to consent to that search. If you don’t, the police may still be able to search your vehicle, but only for good cause.

When Police Have Probable Cause

Police can generally search your vehicle when they have probable cause pursuant to the automobile exception. While you generally have the right to be free from unreasonable searches and seizures, the nature of a motor vehicle is that it is mobile, and evidence can quickly be disposed of if it is not quickly apprehended.

Under the automobile exception, police can search a vehicle if it is in working condition and able to be driven away and police have probable cause, meaning that they have good reason to believe your vehicle has evidence of a crime.

Various facts can provide probable cause to law enforcement, such as seeing illegal contraband in plain view, smelling alcohol on the driver’s breath, or hearing suspicious conversations during the stop.

Other Reasons

Other reasons why police may have legal grounds to search your vehicle are because of:

A Search Incident to Arrest

If police arrest you for an offense, they have the right to search you for any weapons or other items that could hurt them. They may also be able to search your vehicle if it is related to the arrest.

Inventory Search

If your vehicle is impounded, the police can conduct an inventory search to help document its contents.

Warrant

Police can also search your vehicle pursuant to a valid search warrant.

What to Do If Police Ask to Search Your Vehicle

Here are some guidelines to follow if police ask to search your vehicle:

Don’t consent to a search.
Ask if the police have a warrant.
Don’t argue if the police search your vehicle anyway. Politely explain that you did not consent, but don’t argue with the police, as doing so could be considered resisting arrest and subject you to additional criminal penalties.
Don’t answer any questions the police ask you other than providing your identifying information and other information you are legally obligated to provide.
Contact an experienced criminal defense lawyer to protect your legal rights.

The Criminal Defense Team Can Help Fight Against Unlawful Searches and Seizures

If you are arrested after police conduct a search of your vehicle without your consent, our Indianapolis criminal defense lawyers at The Criminal Defense Team of Baldwin Perry & Wiley PC can investigate your case and determine if your constitutional rights were violated and whether evidence can be suppressed. Call us today at (317) 678-9853 for a free consultation.

Can Police Search Your Car Without Consent?