Do you have to let police search your car?

Answer 1

The police in many countries do not need a warrant to do a vehicle search. Probable cause is enough to do a roadside search and that could be a bottle rolling on the backseat floor, the smell of alcohol on your breath or the smell of marijuana either burned or fresh.

Answer 2

In certain circumstances, a search warrant is not necessary. For instance, if your vehicle is being towed by the police, most states allow officers to conduct an inventory search of the vehicle. Also, what you call a "search" may be a "pat frisk" which has a very specific meaning in law. This allows officers to conduct a limited search of the area within the occupants control. This search is limited to weapons and is only allowed provided the officer has reasonable suspicion to believe a weapon may be found. There are some other situations that allow searches such as when evidence is in "plain view" of the officer.

Answer 3

No. If they do ask, you can refuse. However, there are still several justifications for the warrantless search of a vehicle:

• Incident to arrest. If a person inside the vehicle is arrested, the police can search the passenger compartment, trunk, and any storage compartments (console, door wells) in the vehicle.
• Probable cause. If the officer has probable cause that would be sufficient to obtain a search warrant, he may search as if he had the warrant. The person having control of the vehicle may challenge the claim of probable cause at trial.
• Inventory. If the vehicle is to be towed or impounded, the officer may inventory the contents to ensure all the property is accounted for. If contraband is discovered during the inventory, it is admissible as the fruits of a valid search.

There are other justifications, but these are the most common.

If an officer asks to search your vehicle, it's likely he has no other justification for doing so. It is your right to refuse. If you do give him your consent, you can withdraw consent at any time, provided he has not found something which would amount to probable cause to search further. Once he finds your bong or your sawed-off shotgun, it's Game Over.

Answer 4

Police may not need a warrant to search a vehicle according to the mobile conveyance doctrine. A vehicle must be in a public place, readily mobile, and the Officer must have probable cause to believe contraband or evidence of a crime is contained with in the vehicle. If all of the above is met, the Officer will not need a warrant to search the vehicle.