Most Americans know that the U.S. Constitution gives them protection against illegal search and seizure when it comes to their homes via the Fourth Amendment. When they’re in their vehicles, however, those rights can become murkier.
It takes just seconds for a traffic stop to go from a request for license and registration to having a police officer perusing the interior of a car. When can officers actually open the doors and go poking around under the seats and in the glove compartment or open up the trunk without the driver’s permission?
The “automobile exception” to the Fourth Amendment
The U.S. Supreme Court (SCOTUS) has weighed in on this question since vehicles weren’t around when the Founding Fathers crafted the first ten amendments known as the Bill of Rights. In what’s known as the “automobile exception,” SCOTUS has ruled that going through the process of obtaining a search warrant for a stopped vehicle is unrealistic since the driver could potentially flee the scene at any time. Further, motorists don’t have the same expectation of privacy on a public road as they would inside their home.
That doesn’t mean officers can search a stopped vehicle without limits. If they don’t have the driver’s consent, at least one of the following circumstances must exist:
- They must have probable cause that the vehicle contains evidence of a crime.
- An item that appears to be evidence of a crime is in plain sight within the vehicle.
- The search is incident to the arrest because it’s necessary to obtain evidence related to the arrest.
- There are exigent circumstances that require an immediate search, such as a passenger trying to destroy or get rid of evidence.
Even in these circumstances, for a search to be legal, law enforcement must have had reasonable suspicion of illegal activity or at least a traffic violation to pull the vehicle over.
When someone is arrested at a traffic stop after a search of their vehicle – for example, for possession of illegal drugs, weapons or stolen items- it’s crucial to be sure that the stop and the search and seizure were legally conducted. Getting experienced legal guidance as soon as possible can help New Yorkers protect their rights.
