How to Respond When Police Ask to Search Your Car During a Traffic Stop

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If the officer suspects that there are drugs or other contraband in the car, then they will ask for consent to search the car. You don't have to give consent, but if you don't consent, then the officer will likely call out a drug sniffing dog and walk it around your car or the officer will attempt to obtain a search warrant to search your car. By refusing to give consent, then this requires the officer to come up with a Constitutional reason to search your person and your vehicle.  If they cannot do this, then it could result in an un-Constitutional stop, search, and seizure or arrest.

There are several ways that an officer can search your car legally without a search warrant.  The officer can search your car without a search warrant if they have probable cause.  An officer has probable cause to search your car if he smells alcohol on your person and arrests you for DUI. This is called a search incident to a lawful arrest.  Your person and your car can be searched any time that you are arrested for any crime incident to a lawful arrest.

An officer has probable cause if he sees something illegal in plain view.  This is called the plain view doctrine.  So, if the officer sees drugs, weapons, or other contraband in plain view, then this can give them probable cause to search your car.  An officer does not have to ignore anything illegal that that can see in plain view.

An officer can search your person or your car if the officer pats you down for drugs or weapons for their safety and the officer feels something that feels like contraband, and if they can give specific articulable facts as to what they are feeling.  This is called the plain feel doctrine.  So, if an officer feels what he or she believes to be drugs or a gun or other contraband, then they can search your pockets under the plain feel doctrine.

The bottom line is this: if an officer wants to search your person or your car, then it is not very difficult for them to establish probable cause to conduct the search.  An officer also only needs probable cause to make an arrest.

You need to handle all traffic stops in a way that does not make your legal trouble worse, but also handle it in a way that you don't cause yourself or anyone else to be injured or killed. Don't try to litigate your case on the side of the interstate or road. Wait until after you have bonded out, and seek out the advice of an experienced attorney who has dealt with this type of situation over and over again. If the officer has made a mistake and if the officer has conducted an illegal search and seizure, then perhaps one of Ingrum Law’s attorneys can file a motion to suppress the evidence, which could greatly help in your defense.  Give Ingrum Law a call at 615-452-6613! We would be glad to help guide you through the situation that you find yourself in.