Probable Cause: When Are Police Allowed to Search a Vehicle without a Warrant?

 Posted on July 15,2015 in Your Rights

Two of the most common types of criminal charges are drug charges and weapons charges. These two types of cases have something in common. They often involve a police officer searching some area (like a car or a home or a person) and finding an item that is the very basis of the crime, like a gun or drugs. Of course, many people understand that in most situations the police need a warrant to go in and search someone’s home. This is ultimately because of the Fourth Amendment. However what many people do not understand is that, because of some United States Supreme Court decisions, the police usually do not need a warrant to search a vehicle.

Occasionally the Police Need a Warrant to Search a Car

Very often police do not need a warrant to search your vehicle. Certainly, however, there are some exceptions. For example, if your car is being stored in your garage at your home and none of the warrant exceptions apply that would allow the police to search your home without a warrant, then they probably cannot search the car without a warrant (or your permission) either. This is because without your permission or a warrant, they cannot go into the garage. However, if your car were parked on a public street in front of your house, then a warrant likely would not be required.

Most of the Time the Cops Do Not Need a Warrant

Most of the time police officers do not need a warrant to search a car that you are out driving around. This exception to the Fourth Amendment dates back to a case almost as old as automobiles, known as Carroll v. United States. In this case from 1925 the United States Supreme Court ruled that an officer can search an automobile without a warrant so long as the officer has “probable cause” to believe that either evidence or contraband is in the automobile. Probable cause is one of the lowest burdens of proof in our legal system. The reasoning behind this ruling is two-fold.

First of all, since by their very nature cars are movable, there is a real threat of evidence destruction if officers have to wait for a warrant. Secondly, the Court theorized that there is less of an expectation of privacy in a car then there is in a home since cars are operated on public roadways under state regulations. Motor homes that are readily mobile, trailers pulled by trucks, boats, house boats, and airplanes are also covered by this exception.

Call the Law Offices of Christopher M. Cosley

If you are the suspect in a crime, or if you have already been charged, you will need help. There are many issues to consider beyond just whether or not you are guilty. In many cases there are important constitutional issues at stake like issues regarding the Fourth Amendment. In these cases you need someone on your side who has an in depth understanding of the law. You will need the help of an experienced Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley today at 847-253-3100.