Under certain conditions, a police officer conducting a traffic stop may execute a search of a vehicle, including opening closed containers, and take evidence without a warrant. The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable search and seizure, but interpretations of "reasonableness" have changed throughout history.
The Supreme Court interprets the Fourth Amendment to mean that evidence or information obtained from an illegal vehicle search cannot be used in court. This is also referred to as the exclusionary rule.
"Search" and "seizure" are two separate legal terms. While a search aims to find evidence, a seizure involves the physical removal of items or property. Both actions are subject to legal protections, including the requirement of probable cause or a warrant in many cases, to ensure they are carried out legally. In this context, probable cause refers to having a reasonable belief, based on evidence and circumstances, that a crime may have been committed.
Your Fourth Amendment rights also provide you with a reasonable expectation of privacy, protecting you from unreasonable and warrantless searches.
The line between lawful and unlawful vehicle searches and seizures is blurry and frequently redefined by courts, so understanding the law is in your best interests. This article provides the basics of vehicle search and seizure laws after a traffic stop.
When Vehicle Searches Are Legal
A law enforcement officer may search your motor vehicle and perform an inventory search under any of the following conditions:
- You consent to a search
- The officer has probable cause to suspect criminal activity or incriminating evidence in your vehicle
- The officer believes that a vehicle search is necessary for their protection (i.e., reasonable suspicion of a concealed weapon)
- You are under arrest
An officer may ask to search your vehicle without the warrant requirement, even if they are not authorized. However, motorists have the right to say no, and you can challenge an illegal search later in court. If you consent to a search, any seized contraband may be used against you.
In most states, automobile search and seizure rules are less strict than those relating to one's home. For example, an officer may conduct a warrantless search of the areas immediately within the driver's reach at the time of the search, including the glove box, passenger compartment, and the front seat area. This is permissible if the officer suspects weapons or other potential threats.
An officer who stops a motorist for a routine traffic stop, such as a speeding violation, generally may not conduct a search unless, as noted above, there is reason to believe an occupant is armed or otherwise dangerous.
The Plain View Doctrine
Under the plain view doctrine, officers may lawfully seize evidence of a crime without a search warrant if it's in plain view. For example, if an officer sees a glass pipe with what appears to be drug residue in the backseat after stopping a driver for running a red light, the officer may seize the pipe. The officer may also lawfully conduct a search without a warrant for other drug-related items in the automobile after finding the glass pipe since it provides probable cause that other evidence may be present.
The officer may not, however, search the vehicle indiscriminately. For example, an officer who sees an illegal weapon in plain view and finds a small packet of drugs in the motorist's wallet likely has overstepped their legal boundaries. The search following the discovery of the illegal weapon must be weapon-related, so it's unreasonable to search someone's wallet because it could not reasonably contain a weapon.
The plain view doctrine also extends to evidence that an officer hears or a drug-sniffing dog smells after a traffic stop.
Drunk Driving and Excessive Speeding
If you're stopped by law enforcement for a serious public safety violation, officers have more flexibility to search your vehicle without a warrant. This is called the automobile exception and covers situations including:
- Driving under the influence of alcohol or drugs
- Excessive speeding
- Reckless or aggressive driving
This exception exists for exigent situations where vehicles can easily be driven away, and the time to get a warrant could allow evidence to be destroyed or moved before police are able to conduct a search.
Is the Traffic Stop Valid?
The reason for the traffic stop matters, too. Law enforcement cannot stop a car without a valid reason. Some common legitimate reasons for an officer to stop a vehicle include:
- Minor speeding
- Not wearing seatbelts/safety belts
- Broken taillights or headlights
- Illegally tinted windows
- Failure to use turn signals or blinkers
If an officer doesn't observe a clear traffic violation or lacks another valid reason for the stop, any evidence obtained from a subsequent search likely cannot be used in court. The officer should share the reason for the stop, and if they don't you have the right to ask. Be prepared to show your driver's license, vehicle registration, and proof of auto insurance.
However, different jurisdictions and states may have different requirements for traffic stops, so check your local and state laws.
How a Frisk Differs From a Search
An officer is permitted to conduct a frisk, also known as a Terry frisk, where they perform a pat-down of an individual's clothing. This is allowed if they reasonably suspect that an occupant is armed or poses a threat. The purpose of the frisk is to ensure the officer's safety and is not considered a search within the meaning of the Fourth Amendment.
This authority is not limited to just the driver. It can extend to all occupants of the vehicle if the circumstances justify it.
An officer conducting a frisk for weapons may not manipulate objects in pockets or otherwise investigate further. To do so would be considered a search.
For example, if an officer conducting a frisk comes across an object that looks suspiciously like a hypodermic needle, they may seize it from the suspect's pocket. However, if the officer pokes a finger into an unassuming bulge and discovers a powdery residue resembling heroin, that evidence would be inadmissible and unable to be used in a court of law.
Getting Legal Help
If a vehicle search incident has resulted in criminal charges, contact a local criminal defense attorney. An experienced attorney will review the circumstances of the search to ensure evidence was obtained legally through probable cause without violating your Fourth Amendment rights per the U.S. Supreme Court.
For more related information, you can visit FindLaw's Traffic Laws and Search and Seizure sections.