When can a cop search your car?

Crazy Dave

Go to flex your rights .com and watch their videos on your rights against illegal search and seizure. It is a web site sponsored by the A.C.L.U..

Really in all actuality the police will still search your vehicle even if they do not have the right to. They will just lie and say they smelled pot or something to that effect. I have seen that happen many times just because the person driving told them yes I do mind If you search my car.

koiboy

When there's probable cause....facts or evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person arrested is responsible

At this stage, police may perform a search, and often an arrest. Probable cause generally means police know what crime they suspect you of and have discovered evidence to support that belief. Common examples include seeing or smelling evidence which is in plain view, or receiving an admission of guilt for a specific crime.

Kemo sabe

They are supposed to have probable cause, but that doesn't stop many police.

They are not supposed to profile people either, but they do.

Not a whole lot you can do about it, except, maybe, get your own security camera and mount it on the package tray behind the back seat and record just what the police says to you.

Mike

In most countries, they need probable cause. What jurisdiction are we talking about?

Lucky Phil

Because Police think they are above the law,they see fit to hassle anyone anytime.Your car is not considered private property by police.They think they can search your car anytime they damn well please to.And they will.

Luke

Everything that Koiboy is true, but you do have the right to know what probable cause does the cop have to search your car. Now some cops wont tell you because they're douche bags, but if they don't you can go to the police HQ and report that you were not giving a reason for the search of your car and they will generally have the cop response within 24 to 48 hours as to why he or she searched your car.Oh, it helps if you remember the cops name and what was said at the time of search, because you may have gave him permission without even knowing it

NEVER consent to a cop searching your car. If you don't consent, things that are locked in your car, (glove box,trunk,armrest) etc, can't be searched unless they have a warrant.

Raven

Basically, there are four ways for a cop to be allowed to actually physically search through your car:
1) You give permission
2) With a search warrant
3) Search incidental to arrest
4) With probable cause

Probable cause is what most people do not understand. Seeing something through the window can be probable cause. Smelling an odor coming from your car can be probable cause. A drug dog alerting to something in your car can be probable cause. (The dog sniffing around your car is NOT a search, incidentally) There are a lot of different reasons that can give an officer probable cause to search your car.

Also, just because the officer asks you if he can search, that doesn't mean he has no probable cause and can't otherwise search. Some officers may ask even when they have probable cause already, because two legal reasons for a search are better than one.

Sparky

There are several ways for the police to legally search your car, despite the posts by some antagonists that don't know what they are talking about.

The most common way is for the driver to get arrested for something. One of the most common is for driving while their license is suspended. The person gets caught driving and gets arrested and then the car is searched incident to the arrest.

An officer cannot search a car because he sees something inside of it. There is an order to the procedure as mandated by Supreme Court rulings. If an officer sees contraband in plain view in a car then he can seize that contraband and then arrest the person who is in possession of the contraband. If he doesn't arrest the person, the officer has to get a search warrant to search the car for contraband that is not in plain view. If he arrests the person, then we are back to searching incident to the arrest. It doesn't allow for breaking into sealed containers, however.

Another reason a car can be searched is by the driver giving permission. Innocent people generally have no objections.

john w

when the pig catches you hahaha
**** THE POLICE!!

Mr Thicke

I answer your question with this question. Probable cause? Kiddies learn the law before you answer.

What is a search? What is probable cause? What is reasonable suspicion?

Never assume because it makes ***-out -of-u-me

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