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When can a police officer search my vehicle?

On behalf of Shults Law Office • October 24, 2019

It can be alarming and confusing when a police officer asks to search your vehicle after pulling you over. They may phrase it in such a way that you feel you can’t refuse. However, you have the right to refuse a search request. A police officer must have probable cause in order to conduct a search on your car.

 

Elements of probable cause

Probable cause means that a police officer must provide a reasonable motive for searching your car. They cannot simply conduct a search because of a “feeling” or “hunch.” An officer must have a search warrant, your consent or physical evidence before they can begin to search your vehicle.

Refusing a search request

You might feel pressured or guilted into allowing a police officer to search your vehicle. However, the Constitution protects you against unreasonable searches, even when you’re in your car. Here are some tactics to use when refusing a police officer’s request to search your vehicle:

  • Remain calm — It can be difficult not to panic, especially when it sounds like an officer is accusing you of a crime. But screaming or yelling at them won’t help your case. Being hostile towards a police officer can cause more trouble for you.
  • Keep your answers simple — If you are unsure of what to say or how to answer a police officer’s questions, it’s better to keep your answers as simple and straightforward as possible. A simple “No, Officer” or “Yes, Officer” can suffice. If you let yourself get defensive, anything you say may be used against you.
  • Be persistent — An officer may find a way around needing probable cause by phrasing their request differently. They will often use their authority to suggest you have to allow them to search your vehicle. Common loophole questions like this include, “You don’t mind if I look in your car?” or “What do you have to hide?” No matter how they phrase it, always be persistent and consistent with your answer: “I’m sorry officer, but I don’t consent to searches.”

When you are faced with a situation like this, it can be scary and overwhelming. Knowing how to navigate a police officer’s questioning is important when protecting your rights. If you require additional help, an experienced criminal defense attorney may help you find the best possible outcome for your case.

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