If you dont give consent for a police officer to search your car, can he still do so?

David B

Yes, as long as he has Probable Cause. An officer does NOT need a warrant to search a vehicle as part of a traffic stop, nor will any evidence found be suppressed. This is known as the "Carroll Doctrine".
For more info see here-
http://patc.com/weeklyarticles/warrentless_vehicle-searches.shtml
'WARRANTLESS SEARCHES OF MOTOR VEHICLES
The primary case concerning warrantless search of vehicles is Carroll v. United States *i. In this case, undercover prohibition agents were working a case to purchase illegal liquor from Carroll. Carroll and an accomplice left to purchase the liquor but were not able to complete the deal because the supplier was not available. The agents observed the vehicle description of the car that that Carroll used to transport the illegal liquor. A week later the agents saw Carroll and his accomplice on a roadway commonly used to smuggle illegal liquor. They tried to stop Carroll but lost sight of him. Two months later agents observed Carroll and his accomplice on the same roadway and they conducted a stop. They searched Carrollâ€™s vehicle without a warrant and found 68 bottles of liquor hidden in the seats. The United States Supreme Court held that if police officers have probable cause to believe that evidence of a crime is being transported in a vehicle, the vehicle may be searched without a search warrant. Thus, the Supreme Court upheld the search in this case because (1) they found that the agent had probable cause to believe that Carroll and his accomplice had illegal liquor in the vehicle and (2) due to the mobile nature of a vehicle, it could be moved out of the jurisdiction if the agents took the time to obtain a warrant."

EDIT: To the person who gave me a "thumbs down"- "Booing it doesn't make it not true." Jeff Foxworthy. If you read the linked article (complete with case citations) you'll see that my answer was correct. I love how people give thumb downs just because they don't like the answer, not because it's incorrect, it's not like the person answering has anything to do with it.

- David

Odie

Not without probable cause. However, if they bring out a K-9 and he alerts in the area of your vehicle, then probable cause has been established.

Emily T

It depends. If the cop pulled you over for an arrestable offense (not using a seatbelt in some states) he can place you under arrest and search the passenger compartment of your car for any weapons for "officer safety." He can then usually have your car impounded where it will be searched more thoroughly for a "routine inventory." sooooo, yes, basically.

dblockwillo

Don't be fooled. If A cop ask, and you say no it automatically is reasonable doubt and he can then impound your car. I'm talking if he thinks you are high on drugs/drinking or acting suspiciously . If you tell a cop nope, and if you search it without a warrant nothing you find will be evidence. WRONG. cops have ways around the loopholes we think save us.

Vince

Yes they can if they arrest you. If not, then anything found he'd have to say was in plane sight and if you can prove different they would drop any charges. Probably just someone fishing to get a bust. Call his supervisor and I bet he/she doesn't do it again.

Mr.Veracious

Only if you are under arrest. If you are not charged under a crime, no. He can hold you. He can have a Canine Unit have a smell around your car for drugs and if he indicates that you have drugs, your car will be searched. He can also wait for a judge to sign a warrant. If you have nothing to hide, you will be held for a long time and waste everyone's time for no reason. If you have something to hide, you will be caught.

Tim W

If he has probable cause he can. Such as "Smelling marijuana"

What im trying to say is that they're not suppost to, but they will if they want to.

RetroRanch

1. A search can be under warrant after presenting a sworn affidavit of probable cause to a magistrate.

2. But - Motor vehicles have special status, and a warrant is not required. However, the same probable cause standard must be met. This can be anything from the odor of drugs to evidence or contraband in plain view to credible information. This applies even if the vehicle has been seized and is searched later.

3. Unless the operator is being arrested, in which case it's a search incident to arrest. It's not an inventory or a safety check - it's a full search. In case law, this has extended even to the vehicle the driver walked away from prior to his arrest.

4. If there is reason to believe someone will be harmed, the vehicle can be entered. Hearing knocking from the trunk, for instance, or seeing an injured person in the back seat. This entry is not a search but may become one, if it's found that a crime has been committed.

The above is from a Constitutional perspective. Individual states may have more restrictive laws on searches. For the purposes of trial, both state law and the Constitution will be applied to test the legality of the search. If an appeal reaches the federal courts, only the Constitutional tests will be used.

Even when officers have probable cause or have made an arrest, they may well ask for consent, since properly given consent is easier to defend. Just because they ask for consent, doesn't mean they can't proceed without it.

Scott K

Yes, sometimes such as, probable cause, search incident to arrest, plain view doctrine, etc

knitting_time@att.net

Yes, with probable cause.

What might that be? Sky's the limit ... look hard enough and you're bound to find SOMETHING!

POST 1036

YEs he can. If you where stoped and they smell some kinda of contraband that is enough to search the car and if u where arrested and they can search the car

Joe American usn ret.

If you are pulled over for any reason and he asks and you decline - he is allowed to shine a flashlight in the car - if he sees anything - w/out opening a glove compartment or anything - that shouldn't be there - drugs, booze or a gun and it is in his plain sight from a window it is legal - IF the traffic stop was legal and only if it was legal.

Chrissie D

If a police officer asks to search your car you are absolutely allowed to say no, if they want to search your vehicle they need to show you a warrant.
However, an officer can say that they had probable cause to search the car. They do this alot but, if you were to go to court over what is found in the car, they would have to prove the reason before any evidence can be held against you.

fourofsix2003a