When drivers notice the flashing lights of a police cruiser behind them, they often panic. People feel anxious about interacting with law enforcement, as they never know what might happen. Even people who believe that they have not violated the law in any meaningful sense may have reason for concern during a roadside traffic encounter.
While people often want to comply with officers during traffic stops, they may want to avoid unnecessary vehicle searches. If anyone else has ridden in their vehicle, police officers could find something unexpected inside that could lead to criminal charges. People often have questions about their rights during interactions with law enforcement. They want to know what questions they have to answer and what police officers can demand of them.
Do those involved in a traffic stop have to submit to a roadside search of their vehicles?
Officers need a reason to search
People have protection against unreasonable searches and property seizures. Those protections apply during traffic stops just as they do when officers come knocking at the front door of a residence. Officers can search if they have a warrant. However, those on traffic patrol typically do not have a chance to secure a warrant during a traffic stop.
Instead, they may need to gather information during a traffic stop that could justify requesting a warrant from a judge to conduct a search later. To search during a traffic stop, police officers usually need to establish probable cause. Probable cause involves having a credible suspicion of a specific crime because of unique details about the situation.
An officer could smell what seems to be an illegal substance, for example, and that could justify searching a vehicle during a traffic stop. So could the visual presence of illegal items in the vehicle. Without a warrant or probable cause, police officers need permission to search a vehicle.
They may try to trick people into giving up their rights by casually asking if they can look through the vehicle. Drivers who are aware of this tactic are less likely to fall victim to the manipulation of law enforcement professionals.
Learning about the rules that govern police searches can help people avoid or better respond to criminal charges. A defense attorney may be able to leverage inappropriate searches as part of a criminal defense strategy.