The Fourth Amendment prohibits unreasonable searches. A search is unreasonable unless there is probably cause for it, or the party consents. By permitting the search, you lost standing to contest it if what was found results in your arrest. This question raises two points. First, when the purpose for the traffic stop has ended you are free to leave. Don’t hang around talking to the officer even if he initiates the conversation and wants to continue it, just drive away. Second, never, never, never give consent to a search of your car!! Even if no one else but you drives it, one of your passengers, a service technician, or even a stranger, could have left something illegal in your car without your knowledge. If that is the case, you will likely be arrested if illegal drugs, drug paraphernalia, concealed weapons, or even stolen articles are found during the search. When that occurs, then you will have to go to court to prove it was not yours and you did not know it was there. That is not an easy sell to a judge or jury. Therefore, even if the officer says “I can get a warrant,” don’t give consent; make him get the warrant.

Frequently Asked Questions

 


Q: Once I was stopped for having a pine tree air freshener hanging from the rearview mirror, and after he gave me the ticket, the officer asked if I had anything illegal like drugs in my car, and if he could search it. I did not know what to do so I let him. What would have happened if I said “No”?

A: The Fourth Amendment prohibits unreasonable searches. A search is unreasonable unless there is probably cause for it, or the party consents. By permitting the search, you lost standing to contest it if what was found results in your arrest. This question raises two points.

First, when the purpose for the traffic stop has ended you are free to leave. Don’t hang around talking to the officer even if he initiates the conversation and wants to continue it, just drive away.

Second, never, never, never give consent to a search of your car!! Even if no one else but you drives it, one of your passengers, a service technician, or even a stranger, could have left something illegal in your car without your knowledge. If that is the case, you will likely be arrested if illegal drugs, drug paraphernalia, concealed weapons, or even stolen articles are found during the search. When that occurs, then you will have to go to court to prove it was not yours and you did not know it was there. That is not an easy sell to a judge or jury. Therefore, even if the officer says “I can get a warrant,” don’t give consent; make him get the warrant.


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