If police pulled you over in Nebraska and searched your car, you may question, “Why can police search my car without a search warrant?” Under federal and Nebraska law, police cannot search your home or property without a search warrant in most cases. However, many people are not aware that their vehicle is not held to the same standards as their home when it comes to police searches and seizures.
You have a greater expectation of privacy in your home than you do on public roads and highways. While police almost always need a search warrant to search your home, they rarely need a warrant to search your car.
The rules surrounding warrantless vehicle searches are important to understand. Several aspects determine whether police have the right to search your car without first obtaining a warrant, and you need to know your rights and what you should do in such situations. For specific advice regarding your case, reach out to an experienced criminal defense attorney. A lawyer can evaluate your situation and inform you of your rights and options for challenging the search of your vehicle and assist in preparing a solid defense if the search leads to your arrest.
Your Fourth Amendment Rights
The Fourth Amendment to the U.S. Constitution protects all U.S. citizens from unreasonable searches and seizures, and Article 1, section 7 of the Nebraska State Constitution protects Nebraskans from the same. You have the right to be secure in your person, home, papers, and effects against unreasonable searches and seizures, and any infringement by law enforcement of your constitutional rights may form the basis of your defense.
However, there are times when police are justified in conducting warrantless searches of your car and person if they perform a traffic stop on you.
When Can Police Search My Car without a Warrant?
Both the U.S. and Nebraska State Constitutions recognize that people have a “legitimate or justifiable expectation of privacy.” To have merit, a person “must have exhibited an actual (subjective) expectation of privacy,” such as being inside their own home, and the expectation is recognized by society as being reasonable. However, people have a lesser expectation of privacy on public roads and highways and streets than they do in their own homes.
Probable Cause
One of the main justifications law enforcement officers use during traffic stops and other situations where they intend to conduct a warrantless search is probable cause. Basically, this means the officer believes a crime is taking place or you’re engaging in illegal activity. For example, if you’re traveling down the interstate in a car and law enforcement stops you, they do not need a search warrant to search your car. However, police cannot just stop you for a traffic violation and search your car, they need a little bit more. Ultimately, anything police find in your car can be held against you in a court of law, but police must have a legitimate reason for searching your car in order for the evidence to be used against you at trial.
Some examples of probable cause for traffic stops include:
- The officer smells or sees illegal drugs or other contraband.
- You didn’t pull over in a reasonable amount of time.
- You admit guilt of taking part in a crime or engaging in illegal activity.
While law enforcement does not always need a warrant to search your vehicle during a traffic stop, police are bound by the Constitution of the United States to establish probable cause that a crime is taking place before searching your vehicle. In interstate drug stop cases, police often establish probable cause to search either by claiming they smell the odor of narcotics or by having a drug dog sniff the car and indicate the odor of narcotics.
Consent
If a police officer pulls you over, they may ask for your consent to search your vehicle. If you provide consent, the officer does not need a warrant since you gave them permission. Additionally, if you admit to committing a crime or engaging in illegal activity, the police don’t need a warrant, as your admission essentially provides probable cause.
Lawful Arrest
If the police arrest you lawfully for a crime, such as DUI, they may search your car after arresting you without a warrant. In many cases, officers use the opportunity to search for weapons or other items that could cause others danger, but if they find drugs in your car, for instance, you could face additional charges on top of the charges stemming from the initial arrest.
Plain View Doctrine
Another situation where officers can search your car without a warrant is if they see suspected contraband or illegal items in plain view when they conduct the stop. For example, if you have a bag of a white, powdery substance lying in the seat next to you, the officer may initiate a search to determine if the substance is an illicit narcotic.
Destruction of Evidence
In some situations, police officers may conduct a warrantless search if they believe you could destroy the evidence during the time it would take to secure a warrant. An officer may take immediate action to detain you, search your car, and secure evidence if they reasonably believe you may try to destroy it.
Additionally, officers may act to detain you and search your vehicle if they believe you are placing someone else’s life in danger. They may enter your vehicle to extract you, if necessary, in order to prevent harm to others.
Tactics Law Enforcement Use to Conduct Warrantless Searches
Although police officers are supposed to uphold the law, some try to employ questionable tactics to justify warrantless searches and seizures to make unlawful arrests. If a police officer sees no signs of drug possession or other illegal activity, they may try to obtain your consent to search your vehicle by asking questions such as, “You do realize you were speeding, right?” or “Do you mind if I look in your vehicle?” If you admit to a crime, even a traffic violation, or give consent, the officer may search your car without a warrant.
What often happens during traffic stops is that a law enforcement officer will stop a vehicle with out-of-state license plates and begin to look for an excuse to search the vehicle. Police may ask about the purpose and destination of travel. However, when police questioning unnecessarily prolongs the reason for the traffic stop it may be a Fourth Amendment violation.
So, while a law enforcement official can search your car without a search warrant if they don’t have probable cause to search that car, the search is illegal and you have a constitutional right to have all evidence obtained pursuant to that unlawful search suppressed, rendering it inadmissible in a court of law.
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How Can I Defend Myself Against a Warrantless Vehicle Search?
The language surrounding probable cause and other justifications law enforcement officers use to conduct warrantless searches is often vague and subjective. Thus, an officer may try any number of tactics to search your vehicle unlawfully and arrest you based on the evidence they uncover.
If an officer searches your car without your consent and without probable cause and arrests you, you need to know where to turn to help protect your rights and achieve a favorable outcome regarding any resulting charges.
At Berry Law, we analyze the searches, from the reason to the stop to the detention to the search itself and the arrest. Our criminal defense attorneys have decades of experience protecting our clients’ rights following an unlawful traffic stop and search and seizure.
Contact us today for a comprehensive review of your case and advice regarding your rights and options. If an illegal search infringes upon your constitutional rights, we will go to court for you and uphold the standard to help protect your rights and increase your chances of getting your case dismissed or the unlawfully obtained evidence suppressed.
