Police officers have the authority to stop drivers for vehicle issues or violations of traffic rules. During traffic stops, police officers might issue citations for minor traffic violations. Other times, they may have the necessary grounds to arrest a driver for a more serious traffic violation, such as a driving while intoxicated (DWI) offense.
Occasionally, police officers accuse people of offenses related to the contents of their vehicle, not just their behavior while operating the vehicle. Vehicle searches can reveal evidence of many different types of crimes, ranging from violent offenses and theft to drug crimes.
In some cases, those accused of a crime due to what officers found during the vehicle search could suppress that evidence by claiming the search was inappropriate. What circumstances may justify a police officer’s lawful search of a vehicle?
Having a warrant
Occasionally, police officers come to a residence or place of business with a warrant already on hand. Their goal is to conduct a search. If police officers have a warrant to search a vehicle, they can conduct a thorough examination of the vehicle. They may even be able to temporarily take the vehicle into state custody for the search process.
Establishing probable cause
Many vehicle searches occur during traffic stops or even after collisions. Police officers see, smell or hear something that gives them a credible suspicion of a specific crime. If police officers can articulate a specific suspicion, they may have the probable cause necessary to conduct a warrantless search of a private vehicle.
Securing permission
Police officers can bypass the need for a warrant or probable cause if they convince people to waive their rights. The Fourth Amendment protects people from unreasonable searches and seizures of their property. However, many people give up that right due to their desire to be polite or to comply with a police officer’s requests. Drivers generally have the option of declining a request to search. Doing so can protect people from scenarios in which officers continue searching despite their requests that they stop, possibly because they found something supporting their suspicions of illegal activity.
If a search was illegal, a defense attorney may be able to suppress evidence by informing the courts of the misconduct of police officers. Reviewing what happened prior to a police search that resulted in drug charges or other criminal allegations with a skilled legal team can help defendants establish a workable strategy. An attorney can provide insight into whether a search was inappropriate or unlawful, and what can be done as a result.