Can police in California search my car without a warrant?

You were recently arrested for DUI. The police searched your vehicle after taking you into custody and found evidence of a drug crime.

Can a prosecutor really use this evidence to support a drug charge? Is it really legal for the police to search my car without a warrant?

There are certain situations where law enforcement can lawfully search your motor vehicle without a warrant. These are when:

1. you consent to the search,
2. the police have probable cause that the vehicle contains evidence of a crime,
3. you are arrested or detained, and/or
4. your car gets impounded.

If the above conditions do not apply, then the Fourth Amendment to the U.S. Constitution generally states that warrantless searches are illegal.

But a police officer usually always has the legal right to search your vehicle if he/she has a lawful search warrant.

1. Can you consent to a warrantless search?

Most often, yes. California law says that law enforcement officers can search your car, without a warrant, if they have the consent or permission of:

• the driver of the vehicle, or
• the person that is in control of the car.¹

But note that this consent must be given freely and voluntarily. For example, it is an illegal search if the police force or coerce you into a search in any way.²

If you do consent to a search, and police find evidence of a crime, this evidence can be used against you in court.

2. Can police search your car with “probable cause”?

California law typically allows law enforcement to search your car if they have probable cause to believe it holds evidence of criminal activity.³

Police usually have “probable cause” if they:

1. know of certain facts, and
2. if those facts were presented to a judge, the judge would issue a search warrant.⁴

If police do have probable cause for a vehicle search, they can usually search throughout the inside of the car (for example, inside a passenger compartment).⁵

But with respect to the trunk of a vehicle, authorities can usually only search it if they have probable cause to believe there are seizable items inside (for example, contraband).⁶

3. What about a search if police arrest you?

Police in California can search a car, even without a warrant, if they arrest someone inside the vehicle.⁷

But note that authorities can only conduct a search incident to an arrest if they have probable cause to believe that the vehicle contains:

• contraband, or
• weapons.⁸

Further, even if they do have probable cause, then the following conditions apply:

• the police must conduct the search at the place of the arrest and in the presence of the arrestee, and
• the search must be limited to the area where the arrestee could reach for a weapon or destroy evidence.⁹

4. What if there is no arrest but a detention?

There are some situations where the police may detain you inside your vehicle, which is short of arresting you.

In these situations, an officer can conduct a search without a warrant, but only to protect their own safety.¹⁰ This means that once you are detained, the police can conduct a search of your car but only under the following two conditions:

• the police suspect someone in the car is dangerous and has access to a weapon, and
• the search is of an area where a weapon may be hidden.¹¹

Note that if a driver or passenger is outside of a car, an officer can stop and frisk the person if the officer has reasonable suspicion that the person is armed and dangerous.¹²

5. What about a search if your car is impounded?

Police officers in California have the authority to search your car if it gets impounded. But this search can only take place if:

• the search is conducted to take an inventory of the items in the vehicle,
• the search is conducted in accordance with normal police department policies, and
• the police are not using the search as a fishing expedition.¹³

The law authorizes an inventory search of a vehicle because the search:

• protects the property inside the vehicle,
• protects authorities from danger, and
• helps defend any frivolous claims of lost property.

6. Should you contact a criminal defense attorney for help?

It is a smart idea to get legal help from a criminal defense lawyer/law firm if the police searched your car.

A defense attorney can look at your criminal case and advise as to whether the police met California’s search warrant requirements. A lawyer can also advise as to whether there was an:

• unreasonable search, or
• unlawful search.

If the latter, your attorney can protect your constitutional rights and file a motion to suppress evidence. If a judge grants the motion, the prosecutor in your case is precluded from using any of the evidence that was obtained due to the unlawful search.

Without this incriminating evidence, a judge could reduce or even dismiss your criminal charges.

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