In Indiana, the Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. This means police officers need a valid reason, or “probable cause,” to search your car during a traffic stop. Probable cause means the officer must have a reasonable belief, based on facts, that you or someone in the vehicle committed a crime or that your car contains evidence of a crime. This protection ensures your privacy and prevents arbitrary searches by law enforcement.
Consent to search
You can allow officers to search your vehicle if you choose. Still, if an officer asks permission to search your car, you have the right to say no. Refusing a search does not give the officer probable cause, and it cannot be used in court. If you consent, anything the officer finds can be evidence.
Grounds for a Legal Vehicle Search
There are several reasons why police can legally search your vehicle:
- Search incident to arrest: If an officer arrests you during a traffic stop, they can search your car without a warrant. This search is limited to the area within your immediate control, such as the passenger compartment. This rule ensures the officer’s safety and prevents the destruction of evidence.
- Protective searches: Police officers can conduct a protective search if they believe their safety is at risk. For example, if an officer thinks you might have a weapon, they can search your car to ensure no hidden dangers. This search must focus on areas where the suspect could hide a weapon.
- Inventory searches: If the police impound your car, they can conduct an inventory search. They do this to document the contents of your vehicle and protect themselves from claims of lost or stolen property. Inventory searches must follow standard procedures and cannot be a pretext to search for evidence.
- Plain view doctrine: If an officer sees evidence of a crime in plain view, such as drugs or weapons, they can search your car without a warrant. The evidence must be immediately apparent and visible from a lawful position. This also includes the odor of marijuana or alcohol emanating from the vehicle.
Cases often hinge on the nuances that prompt the search and whether it is legal.
The consequences of illegal searches
Any evidence they find during an illegal search is likely inadmissible in court. If you believe law enforcement violated your rights during a traffic stop, it’s essential to speak with a lawyer who can help you understand your options.