Nearly everyone who drives a vehicle will get pulled over by the police at some point. It may be as simple as a broken tail light. But many drivers don’t know their rights in regard to what the police can and can’t do during a traffic stop.
If the police accuse you of a misdemeanor based on the traffic stop but don’t arrest you, the prosecutor must show probable cause to file charges. The state where the incident happened has legal jurisdiction.
For example, if you’re a Massachusetts resident, you’ll have a show cause hearing in Massachusetts to determine if there’s evidence for formal charges.
Many might assume that the police have the right to search any car they pull over. But that’s not true. The police can only search someone’s car under specific circumstances. Keep reading to learn your rights during a traffic stop.
What to Do During a Police Stop
Statistics show that 50,000 motorists are pulled over every day. Despite the commonality, interactions with the police can make anyone nervous. But it’s important to remain as calm and courteous as possible. The police will approach your vehicle during a traffic stop and ask for your license and registration.
When the police first pull you over, your best option is to keep your hands on the steering wheel until the officer reaches the window. Then ask for permission to reach into the center console or glove box for the necessary paperwork.
After reviewing your license, registration, and insurance, the officer will give you a ticket and send you on your way or ask you a few questions if they are suspicious of a crime.
One thing they may ask is to search your car. Can they do that?
Can the Police Search Your Car?
Under the law, police can only search someone’s car under certain circumstances without a warrant.
- If they arrest you, the car can be searched if the officer believes there’s evidence of a crime.
- If you’ve been detained but not yet arrested, the officer can search your car for their protection if they believe there might be weapons.
- If your car has been legally impounded for whatever reason, it may be searched and cataloged for inventory purposes. This is to ensure that your property is returned to you.
Perhaps the most confusing circumstance when a police officer can search your car without a warrant is if they have probable cause. But this is a murky area, and if anything illegal shows up, your attorney may be able to get the “probably cause” statement thrown out.
Why You Should Never Consent to Police Searching Your Car
When a police officer asks if they can search your car, your first instinct may be to say yes. But legal experts advise against that.
Declining to let the police search your car is not a sign of guilt. It ensures that if they do find something illegal, your defense lawyers can call the search into question unconstitutional.
However, if the driver consents to a search, anything found in the search is deemed legal. The prosecution can then use it in court.
The next time the police pull you over, you will know when they are or aren’t allowed to search your car. Just remember to remain as calm as possible to help keep the interaction with the police from escalating.