When Can the Police Legally Search Your Vehicle?
Everyone has heard of the Fourth Amendment to the United States Constitution. It, in a nutshell, says that individuals shall be free from unreasonable searches and seizures from the government, and that search warrants shouldn't be executed unless probable cause exists that a crime is occurring or has occurred. But what does that mean as it relates to cars, and when is a search reasonable such that a warrant isn't required? We'll discuss this below.
There are really four ways that an officer can search your vehicle without a warrant: (1) consent; (2) exigent circumstances; (3) police safety; and (4) inventory search. Each will be discussed below.
First is consent. Consent is what it is. The best way to discuss this is an example. Let's say you are driving in the Wallingford district of Seattle home from work, when you are pulled over by the Seattle police. They tell you your left taillight is out or you failed to signal at the last turn. You provide your identification and insurance information, and they come back a little later with a ticket. Just before they are about to walk away they turn back, like it just occurred to them (even though it didn't) and ask "do you have an guns or illegal drugs in the car?" You say no, because either you don't or you're not just going to tell the officer that you do. And he says, "do you mind if I search the vehicle?"
As a Seattle criminal lawyer [http://www.cmslawfirm.com] the first piece of advice I give my clients is, never consent to a search warrant. It doesn't make you guilty of anything, and it saves you the hurt if anything is found. If they have a reason to search you, make them get a warrant. If they are asking,they already think something is up. Consenting is not going to help the situation.
Next is exigent circumstances. This occurs when a police officer has reason to believe that, without a search, evidence may be destroyed or lost. If you are being chased and run into your car, after they arrest you they could probably search the vehicle to see if you hid anything in it. That is exigent circumstances.
Next is police safety. If, for example, you were arrested for a Seattle DUI [http://www.cmslawfirm.com/seattleduilawyer.aspx] or something along those lines and the officer couldn't make you wait in his car so he had to put you in your own car. The officer, before putting you in the vehicle, could do a search of the area that you would be able to grab something (the grab area) to make sure nothing dangerous was around.
And finally is the inventory search. If your car was impounded, because of an arrest, or any other reason (traffic safety), the police may do an inventory search of the vehicle, and they can do it for two reasons. First, it protects them when you get out of jail and accuse them of stealing stuff; and second, it protects you so that nothing actually is stolen. The important thing to understand with inventory searches, however, is that, at least in the State of Washington, an inventory search can only be done of the passenger area and unlocked containers. That means your trunk and glove box, if locked, are safe from search (at least for inventory purposes).
If you are in Seattle, Kirkland, Bellevue, Issaquah, Lynnwood, Edmonds, Tacoma, Redmond, Renton, Federal Way, Everett, Kent, Burien, Bothell, or Auburn and are charged with a crime contact us, your Seattle criminal attorneys [http://www.cmslawfirm.com/seattlecriminallawyer.aspx], today for a free consultation at 206.452.5241.
There are really four ways that an officer can search your vehicle without a warrant: (1) consent; (2) exigent circumstances; (3) police safety; and (4) inventory search. Each will be discussed below.
First is consent. Consent is what it is. The best way to discuss this is an example. Let's say you are driving in the Wallingford district of Seattle home from work, when you are pulled over by the Seattle police. They tell you your left taillight is out or you failed to signal at the last turn. You provide your identification and insurance information, and they come back a little later with a ticket. Just before they are about to walk away they turn back, like it just occurred to them (even though it didn't) and ask "do you have an guns or illegal drugs in the car?" You say no, because either you don't or you're not just going to tell the officer that you do. And he says, "do you mind if I search the vehicle?"
As a Seattle criminal lawyer [http://www.cmslawfirm.com] the first piece of advice I give my clients is, never consent to a search warrant. It doesn't make you guilty of anything, and it saves you the hurt if anything is found. If they have a reason to search you, make them get a warrant. If they are asking,they already think something is up. Consenting is not going to help the situation.
Next is exigent circumstances. This occurs when a police officer has reason to believe that, without a search, evidence may be destroyed or lost. If you are being chased and run into your car, after they arrest you they could probably search the vehicle to see if you hid anything in it. That is exigent circumstances.
Next is police safety. If, for example, you were arrested for a Seattle DUI [http://www.cmslawfirm.com/seattleduilawyer.aspx] or something along those lines and the officer couldn't make you wait in his car so he had to put you in your own car. The officer, before putting you in the vehicle, could do a search of the area that you would be able to grab something (the grab area) to make sure nothing dangerous was around.
And finally is the inventory search. If your car was impounded, because of an arrest, or any other reason (traffic safety), the police may do an inventory search of the vehicle, and they can do it for two reasons. First, it protects them when you get out of jail and accuse them of stealing stuff; and second, it protects you so that nothing actually is stolen. The important thing to understand with inventory searches, however, is that, at least in the State of Washington, an inventory search can only be done of the passenger area and unlocked containers. That means your trunk and glove box, if locked, are safe from search (at least for inventory purposes).
If you are in Seattle, Kirkland, Bellevue, Issaquah, Lynnwood, Edmonds, Tacoma, Redmond, Renton, Federal Way, Everett, Kent, Burien, Bothell, or Auburn and are charged with a crime contact us, your Seattle criminal attorneys [http://www.cmslawfirm.com/seattlecriminallawyer.aspx], today for a free consultation at 206.452.5241.
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