There are many reasons why people may end up facing criminal charges. Some people get caught in the act during a questionable medication transfer or a shoplifting attempt. Others might end up arrested because of something police officers find while conducting a search.
When people get pulled over in traffic by police officers, they usually expect to receive a ticket and move on with their days quickly. However, police officers might look for reasons to escalate the interaction to an arrest and criminal charges. Sometimes, drivers mistakenly give up their rights during interactions with law enforcement. They may believe that they have to submit to a search during a traffic stop.
Do police officers have legal justification to search a vehicle during a traffic stop related to burned-out taillights, speeding or the failure to use a turn signal?
Officers need a reason to search
The Fourth Amendment clearly protects individuals from unreasonable searches and property seizures. Those working for the government, including police officers, need a valid legal justification to conduct a search.
In a traffic stop scenario, the justification officers often rely on involves asking for permission. Officers casually inquire about whether they can check the vehicle while asking a host of other questions during the traffic stop. Drivers, wanting to cooperate, may waive their Fourth Amendment rights by providing their consent to a search.
Without the permission of a driver, a police officer generally needs to have probable cause to search a vehicle during a traffic stop. They need to see, hear or even smell something that indicates a crime has happened or might be in progress. Open bottles of alcohol, strong drug-related smells or what sounds like a person in the trunk could all be reasons to search the vehicle.
Occasionally, when officers have strong reason to believe that a crime may have occurred, they can go to a judge to request a search warrant. Searching a vehicle with a warrant often involves temporarily impounding the vehicle by taking it into state custody for a thorough search. Typically, officers do not execute vehicle search warrants on the side of the road.
Drivers who understand their rights can assert themselves more effectively during interactions with law enforcement. Recognizing that an illegal search may have occurred could help with the development of a criminal defense strategy. Illegal searches can affect what evidence the state can use while prosecuting an individual. Learning about when a search might be appropriate can make all the difference for those stopped by the police on the side of the road.