Police officers can stop a driver in traffic for a variety of reasons. Excessive speed, signs of chemical impairment or issues with a vehicle can justify a traffic stop. During an interaction with the motorist, a police officer may begin to suspect more serious criminal activity than a simple traffic infraction. They may want to search the driver’s vehicle to locate potentially incriminating evidence.
Many motorists are unsure of their rights during a traffic stop and can make mistakes that could increase their risk of criminal prosecution later. For example, they may give permission for police officers to conduct a search that otherwise might not have occurred. Without permission, there are strict limits on searches of private property, including motor vehicles.
When can law enforcement professionals search a private vehicle during a traffic stop?
When there are indications of criminal activity
Sometimes, police officers see clear evidence of criminal activity when they approach a vehicle. They may hear or smell things that indicate a crime has occurred or is in progress. If a police officer has an articulable suspicion of specific criminal activity, they can assert that they have probable cause to conduct a search.
Generalized suspicions about an individual are not probable cause. Neither is being present in an area with high crime rates. Without probable cause, police officers largely rely on the consent of motorists.
Although they can technically obtain a warrant, it is usually impossible to do so in a reasonable time frame during a traffic stop. That being said, they could continue investigating, request a warrant and then execute that warrant at a later date because they have the identifying information of the driver that they now suspect of criminal activity.
Many times, the reason that officers can justify a search is that a driver gave their consent. Drivers need to know their rights and remain calm enough to assert them in a manner that does not escalate their encounters with police officers. In cases where officers conduct searches without permission or probable cause, their conduct could influence the best criminal defense strategy to use at trial.
Excluding evidence is sometimes possible after an illegal search. People who know their rights can speak up for themselves after police officers violate those rights and fight more effectively against pending criminal charges.