The Fourth Amendment protects American citizens against unlawful search and seizure, especially when arbitrary vehicle searches are conducted by police officers. If law enforcement searches your car without a warrant, your consent, or a legitimate reason, they are violating your constitutional rights.
However, there are certain circumstances in which police can search a vehicle without a warrant or your permission. So, when can police search your car?
The following are several situations that a police search can be made without a lawfully executed warrant:
- You have given the police officer consent
- The officer has probable cause to believe there is evidence of a criminal offense in your car
- The officer reasonably believes a search is required for their own protection, such as a hidden firearm
- You have been arrested and the search is associated with that arrest
Motor vehicles may be stopped if law enforcement has a reasonable and valid suspicion that the driver has violated a traffic law. If the reason for the stop is a minor traffic offense, such as speeding, the officer most likely wouldn’t be permitted to search your vehicle without additional reasons. Nevertheless, if police arrest you for conduct arising out of a traffic stop, a search of your vehicle will typically be permitted.
Furthermore, if the police have towed and impounded your vehicle, they have the authority to search it. Keep in mind, law enforcement cannot tow and impound your vehicle for the sole purpose of searching it.
If your vehicle was unlawfully searched which led to your arrest in Missouri, schedule a free consultation with our St. Louis criminal defense attorney at The Hammer Law Firm, LLC today.