The protection of the fourth amendment against illegal searches and seizures are generally classified as illegal, the arbitrary searches of automobiles on the part of the police. If the police search your car without a warrant, without your permission or without a valid reason, is violating their constitutional rights. However, the police can search an automobile without a warrant in various cases.
The courts generally give police more leeway to search a vehicle than a home. According to the “except the car” to the requirement of the search warrant, the people have a lower expectation of privacy when driving a car. It should be noted that states also have the freedom to provide more protections to the right to privacy of the people.
When can the police conduct a search without a warrant?
Not all police records should be performed according to an order issued legally. The Supreme Court has determined that the conduct taken by the police without a warrant cannot comply with the fourth amendment, provided that it is reasonable under the circumstances.
Then, when can the police search your car? Generally, in the following cases:
- You has provided consent to the official
- The officer has probable causeto believe that his vehicle hosts evidence of a crime
- The officer reasonably believes that the record is necessary for their own protection (for example, if there is a concealed weapon)
- He has been arrested and the record keeping related to that arrest (such as a registry of illegal drugs)
An officer can stop a vehicle if the officer has a reasonable suspicion and viable that the driver has violated a traffic law. If the reason to stop is a minor traffic violation, such as speeding, the officer will probably not be allowed to register your car for no other reason. However, if the arrest takes place for a behavior after it has been stopped in transit, the registration of your vehicle for your arrest will usually be allowed.
The police can search cars confiscated without a warrant
If the police have towed and impounded your car, you have the ability to register you. This record may be as complete as what you want the police, and most likely will include the opening of the locked compartments or boxes present in your car. No matter the reason for the tow and impound your car. It could be something as simple as a parking ticket or as serious as the theft of an automobile.
However, the police cannot tow and impound your car with the sole purpose of registering it. The police must follow strict procedures when it comes to this type of records.
