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Consent to Search Car, Truck or Van May Lead to Other Charges

Virginia State Police troopers and local police officers will often, after concluding a traffic stop, ask the driver "Do you have anything illegal in the car?" or "Can I search the car?" Many people, and especially teens, believing that they have nothing to hide, will agree to let the officer "search the car" believing he is just going to look around inside the car itself. However, what they may not realize is that by giving the officer such broad and unrestricted permission, they are allowing him to also open and inspect any containers inside the car, such as book bags, backpacks, purses, boxes, etc.

Frequently, such searches turn up illegal drugs such as marijuana, or drug paraphernalia such as pipes, and what began as getting stopped for a traffic ticket has escalated into a potentially serious drug possession charge. Defendants have tried to suppress evidence seized in such instances by saying they gave consent to search only the car, not items inside the car. This does not work. In a recent case this year, the Virginia Court of Appeals issued a decision in which the issue came up, and ruled in favor of the police. In Vaughn v. Commonwealth, the defendant was convicted of drug possession based on the search of a bag inside the car. The operator of the car gave the police permission to search the car, but not specifically any containers inside. The Court of Appeals ruled in the case that permission to search the car -- unless otherwise specified -- included permission to open and search any containers in the car.

Few people realize that they do not have to let an officer search their vehicle just because the officer asks. If you find yourself in such a situation, it is wiser to deny permission, or at least ask the officer why he wants to search and where he will search before giving your permission.

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