Generally, police need a warrant to search your car. However, during a traffic stop a police officer only needs probable cause to search your car. Probable cause means that the police officer has a reasonable basis that he/she can clearly articulate which would lead him/her to believe that something illegal is going on in the car. Most common reason for a vehicle search is an officer claiming they can smell marijuana inside.
Police officers know the law well enough to know they cannot simply order you out of the car to search it. That is why they will phrase their request in the form of a question “Would you please mind stepping out of the car please?” instead of “Get out of the car” and “Do you mind if I search the vehicle?” instead of “I am searching your car now, please step aside”. Most scenarios where a police officer will search your car require your consent. If you do not give consent, most times the officer will not be able to search.
This is a highly contested area of the law in criminal court so don’t press your luck by telling the officer about how you know your rights. The best defense is to never have anything illegal in your car at any time. Always know your rights but be respectful when speaking with a police officer, speak to an attorney today to discuss your rights during a traffic stop.
