![]() ![]() No Warrant is Required to Search a CarĪnother point on law enforcement's side is that cars are generally excepted from the advance warrant requirement because of their mobile nature. ![]() So, an officer may look there if there is a belief that what he is searching for might be in the trunk. It would be in control of the car's driver, and barring some unusual circumstance, within his or her reach. The same reasoning can be applied in the case of a trunk. The idea is that the item, a purse, might conceal the object of an officer's search. Houghton (1999), the court ruled that if the officer has probable cause to search the car, they can also inspect passengers' belongings. California, the court held that police might search the person and all areas under a person's control or reach.Īnything in "plain view" can be seized. Other cases involving the search of cars have involved the "plain view" standard and police's right to search passengers' belongings found in a car. If the officer decided to search your car from the glove box to the trunk based on the suspicion that you are using and possibly transporting an illegal substance, this would be probable cause. However, a smell coming from the car or signs of slowed reflexes on your part may have indicated you are using some drug or alcohol. There may be something in your behavior, your physical appearance, or your vehicle's physical appearance that would prompt an officer to search.įor example, you might have been pulled over because you were driving erratically. This is essentially a hunch that is backed up by reasonable suspicion. In most instances, the officer can conduct a search if they have probable cause to do so. The Supreme Court has looked at several cases involving Fourth Amendment rights and warrantless searches. The Fourth Amendment, as it is generally understood, protects you from unreasonable search and seizure. The Fourth Amendment Protects Us from Unreasonable Search & Seizure You may be wondering if the police officer has the right to ask you to do this and whether you have the right to say no. ![]() You show him your registration, allow him to glance around with his flashlight, even step out. In a moment, you find yourself responding to the orders of a police officer. The evening's memories are quickly put to rest by the sight of flashing lights behind you. ![]()
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