What Are Your Rights if Police Want to Search Your Car

What are your rights if police want to search your car during a traffic stop?

In many cases, law enforcement does not have a valid reason to search your car, but 1) these are not the speeding ticket police – they are the drug police pretending to be the speeding ticket police, and 2) they are going to search your car – the only question is whether you make it easy for them by consenting.

In this article, we will discuss your constitutional rights during a traffic stop, including:

• Your Fourth Amendment rights when police want to search your car,
• Your rights under Article I, Section 10 of the SC Constitution, and
• What police are permitted to do during a traffic stop.

Your Fourth Amendment Rights When Police Want to Search Your Car

First, you have the right to not consent to a search of your vehicle. When the police officer asks for your consent to search, just say, “No. I do not consent,” followed by, “Am I free to go?”

If the officer says you are not free to go, comply with their instructions and do not interfere, but do not consent to the search of your vehicle.

Should you consent to a search if you know you don’t have anything illegal in your vehicle?

No.

Don’t ever consent to a government search of any property that belongs to you, including your vehicle. You have the right to freedom from unreasonable searches, but government agents are testing the boundaries of that right and criminal courts are eroding the protections of the Fourth Amendment every day – use it or lose it.

The Fourth Amendment

The Fourth Amendment says, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This is interpreted as meaning:

1. You have the right to be free from unreasonable searches or seizures, and reasonable is defined as there being probable cause to search, seize or arrest, and
2. Unless there is a valid exception, police must have a warrant to search someone’s property or to arrest a person, based upon probable cause, stated under oath, and must contain a very specific description of the person or property to be seized or searched.

Article I of the SC Constitution

Article I, Section 10 of the SC Constitution contains an almost identical provision, except that it also includes an express right to privacy: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.”

Dispelling “Government Auditor” Myths – What Police Can Do During a Traffic Stop

If you have ever watched YouTube videos by “government auditors,” you probably have learned plenty of wrong information – some of which is dangerous to drivers.

For example:

Do you have to step out of your car if police tell you to?

Yes.

The US Supreme Court held in Pennsylvania v. Mimms that, during a traffic stop, a police officer can order a vehicle’s driver or passengers to step out of the vehicle for no reason whatsoever.

If you were to roll up your window, refuse to roll down your window, and refuse to exit your vehicle upon an officer’s request, as some YouTube videos recommend, you risk escalating what would have been an ordinary traffic stop into a smashed vehicle window and an arrest…

Do police need a search warrant to search your vehicle?

No.

Police do not need a search warrant to search your car. Because a vehicle can simply be driven away and evidence destroyed, the automobile exception to the search warrant requirement allows police to search without a warrant if there is probable cause that a crime is being committed or that evidence of a crime will be found in the vehicle.

If the officer was wrong, and there is no probable cause, that can be challenged later in court. If the court finds there was no probable cause, then any evidence found pursuant to the illegal search will be suppressed and will be inadmissible at trial.

Again, if you roll up your window and demand to see a warrant, as some YouTube videos recommend, you risk escalating what would have been an ordinary traffic stop into a smashed vehicle window and an arrest…

Are you required to show ID while driving a vehicle?

Yes.

Although, in some states, there is no requirement to show ID to a police officer while you are walking down the street, you must show a driver’s license to a police officer if you are pulled over while driving.

If you do not, you may be arrested for either driving without a license or driving under suspension, depending on your circumstances.

Are you allowed to film a police officer during a traffic stop?

Yes.

But – do not interfere with the officer, follow all lawful commands, provide your license, registration, and insurance information, and do not intentionally antagonize the officer. Record unobtrusively and politely – and, why not? They are most likely also recording…

Got Axelrod?

If you have been charged with a crime based on an illegal search and seizure, get an experienced criminal defense attorney on your case immediately. We will investigate your case, get your case dismissed, negotiate an outcome that is acceptable to you, or try your case to a jury.

Call Axelrod & Associates now at 843-258-4582 or email us online to speak with a Myrtle Beach criminal defense lawyer on the Axelrod team today.