When Can the Police Search Your Car in California?

There are several situations where police can search a vehicle without a warrant.

When Can the Police Search Your Car in California?

As Americans, we all have rights against unreasonable searches and seizures. The Fourth Amendment of the United States Constitution prohibits law enforcement from randomly searching our homes, bodies, our vehicles, and other properties. As a general rule, the police need a warrant in order to conduct a search or seizure.

Yet the law is more complex than it seems. When it comes to cars, the United States Supreme Court has held that we have a reduced right of privacy in our vehicles than in our places, due to the fact that cars are inherently less private than other places, like our homes. Vehicles have glass windows on all sides, allowing people to easily see into them, and they are subject to strict government regulation (license plates). For these and other reasons, the standard for warrantless searches of our vehicles is much lower than for other places, such as our homes.

As a criminal defense lawyer Los Angeles CA can explain, this means that we should all be cautious about what we put into our cars, trucks and SUVs. But a lower expectation of privacy does not mean that the police can search our vehicles whenever they want. They still generally need a warrant to search vehicles — with some exceptions.

First, if the police do not have a search warrant, they can still search your vehicle if you consent to a search. A police officer can always ask you if it’s OK to search your car, and if you say yes, then anything the officer finds may be used as evidence as court. For this reason, an experienced criminal defense lawyer Los Angeles CA would always caution against giving consent to a search of any kind. You are under no obligation to consent to a search — ever.

Second, the police can search your vehicle if there is probable cause that it contains evidence of a crime or unrelated contraband. For example, assume that you were pulled over for speeding. As the officer talks to you through the front window, he notices what appears to be illegal narcotics. This would give him probable cause to search the rest of the vehicle to determine if there are other illegal substances in your vehicle.

Third, if the police have lawfully arrested you, they can search your vehicle as part of your arrest. This is known as a search incident to arrest. If you are in handcuffs or otherwise secured as part of your arrest, then the police may only search the vehicle if you are in reaching distance of the passenger compartment of the vehicle or if it is reasonable to believe that there is evidence of the crime for which you were arrested in the vehicle. The law on searches incident to arrest changed in 2011, so if a police officer did not follow these rules, a seasoned criminal defense lawyer Los Angeles CA may be able to challenge any evidence found.

Fourth, the police can search your vehicle after an arrest if it is impounded. The police can then take an inventory of your vehicle as part of the impound process. If there are illegal items in your vehicle, it could add to the charges against you.

If you have been charged with a crime and the police have seized evidence from your vehicle, a criminal defense lawyer Los Angeles CA should review the facts of your case to determine if the search and seizure was lawful. If it was not, then the evidence may be suppressed — and the charges against you could be reduced or dismissed.

At the Chambers Law Firm, our team of legal professionals is dedicated to helping our clients achieve the best possible outcome for their cases. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help you.

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