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When can authorities search a car without a warrant?

| Dec 29, 2020 | Criminal Defense

Knowing your rights when law enforcement officials stop your car may go a long way toward helping you avoid legal trouble. A Virginia traffic stop may lead to anxiety and confusion, but the more you understand about your rights in this scenario, the better the chances of you leaving the scene without trouble.

According to FlexYourRights.org, the rules about searching your vehicle are different than those pertaining to searching your home. When authorities come to your home, they typically need to have a warrant if they wish to conduct a search. When it comes to searching your vehicle, though, there are certain circumstances under which they may do so even in the absence of a warrant.

When authorities may lawfully search your car

Unless you allow authorities to search your vehicle or the officers on the scene have a warrant, they must have something known as probable cause to move forward with the search. Probable cause is evidence or proof of you or someone else in your vehicle engaging in unlawful behavior of some sort.

What might constitute probable cause

Authorities may have probable cause to search your car if they see or smell drugs in it or coming from it. If someone in your vehicle is in possession of stolen property and it is visible to the officer, this may also warrant a lawful search of your car or truck.

If authorities do not have a warrant or probable cause and you do not consent to a search of your car, ask politely if you are free to leave the scene.