Generally speaking, police are not allowed to conduct a search of your property without getting a warrant. Cars can be somewhat of an exception to this rule, however. This is because cars are mobile and the process of obtaining a warrant may take longer than an officer is able to detain a suspect. Some also say that because cars are typically out on public streets, drivers and passengers have a reduced expectation of privacy.
So, when are police allowed to search your car?
If the officer has probable cause that you have committed a crime and a judge approves a warrant, the officer can search your vehicle.
If the officer believes that he or she has probable cause that the car contains evidence of illegal activity, the officer can conduct a warrantless search of your vehicle. Even something as little as a piece of ash or the smell of marijuana can constitute probable cause.
If a person has been arrested, is unsecured and within reach of the passenger compartment, the officer can conduct a warrantless search
If an officer conducts an arrest and believes that the car could contain evidence related to the arrest, the officer can conduct a search
If an officer believes that the car contains a weapon and that the driver might attempt to access the weapon, the officer can conduct a search
If a person says yes to a search, the officer can conduct a search. Note that you are not legally required to consent, and you cannot be intimidated or harassed into consenting.
If your car has been legally impounded, it can be searched.
Mike Goolsby
A veteran in both civil court cases and criminal defense, Mike Goolsby is a respected lawyer with more than 16 years of experience practicing law. He received his Bachelor of Business Administration degree from the University of North Texas in 1990, followed by his J.D. from the prestigious Thomas M. Cooley Law School in 1994. After earning his law degree, Mr. Goolsby worked as an Assistant District Attorney for the Dallas County District Attorney’s Office. As a trial lawyer, he was able to gain exceptional access to the criminal court system in this major metropolitan area, giving him immeasurable, distinct experience that helped him build a solid foundation for his own private legal practice. Mr. Goolsby went on to practice civil law for Maverick Acceptance Group, a venture capital company. Here, he gained invaluable knowledge of the civil side of the law, adding to his already diverse portfolio of legal expertise. In 1999, he opened the doors of The Goolsby Law Firm and has been successfully serving the residents of North Texas ever since. As an attorney, Mr. Goolsby combines his experience in both the civil and criminal fields to offer unmatched legal representation to his clients. With a long list of satisfied clients, Mr. Goolsby continues to build his practice through fair and aggressive legal defense.