Typically, a cop can search a person’s vehicle if they have reasonable suspicion that a crime is taking place. In other words, if a cop has probable cause, they can search your car even if they initially stopped you for a broken taillight, outdated tags, or another minor issue.
Here is an example of how this might play out: a cop stops your car to inform you of a broken taillight. During this process, they see what they believe is an open container of alcohol or evidence of drugs. As a result, they now have probable cause for illegal activity and can search your vehicle.
Reasonable Suspicion vs. Probable Cause
There must be observable evidence of what is likely illegal activity while the car is in motion for a police officer to have reasonable suspicion before pulling the vehicle over. For example, if a driver is weaving across lanes and intermittently speeding up and slowing down, a police officer would have reasonable suspicion that the driver is either drunk or otherwise intoxicated.
The probable cause comes into effect after being stopped, either based on reasonable suspicion or a minor traffic violation. Probable cause is based on visible activity or objects in the car, such as a weapon on the dashboard or containers of alcohol on the floorboards. An officer may also search your vehicle if you admit to a crime when talking with the officer.
What Constitutes An Illegal Vehicle Search
It is illegal for police officers to stop and search your vehicle if they do not have a legitimate reason tied to reasonable suspicion or probable cause. For example, a cop cannot search your car because you ‘look like a criminal.’ Though they may pull you over for minor traffic or motion violations, this does not give them the authority to search your car.
It is also illegal for a police officer to pull you over based on a hunch rather than observable characteristics. Similarly, it is unlawful for a police officer to pull you over based on a minor traffic violation and then search your car without any probable cause.
If you suspect you have been the victim of an illegal vehicle search, contact a criminal defense lawyer to discuss the circumstances of the search and what your options may be.
Know Your Rights And Contact A Lawyer
The best way to handle police encounters is to know your rights and educate yourself on how to handle being pulled over for any reason. There are several tricks that police officers commonly use to try and fluster drivers or find probable cause for a search after stopping the vehicle.
To protect yourself, learn about your right and follow these guidelines:
- Remain calm and only directly respond to the officer’s inquiries that are related to their reason for pulling you over; do not volunteer additional details or become emotional
- Do not grant an officer’s request to search your vehicle; if an officer has to request to search your car, it means they do not have reasonable suspicion or probable cause
- Remember that an officer’s authority to search your vehicle is limited; neither giving you a ticket for a traffic violation nor frisking/searching you gives them the power to search your vehicle
When in doubt, contact a lawyer or other representative. If you want to be especially careful, you can call your lawyer as soon as a cop pulls you over.
Recent Stories
Francis Deonte Rose was found guilty today of two counts of aggravated murder in the 2022 shooting deaths of two construction workers in the West End. The Commonwealth Attorney’s Office…
It’s been a busy week in Alexandria. There were multiple mayoral and city council forums and debates this week as the city gets closer and closer to the June 18…
The Cinco de Mayo fiesta is starting early this Sunday in Carlyle. From 9 to 10 a.m., Tequila & Taco (540 John Carlyle Street) will be selling six-ounce margaritas for…
After missing an important mayoral debate this week due to a “freak accident” while canvassing that led to his hospitalization, Steven Peterson says that he’s done sitting on the sidelines….
Good news, D.C. area. You can save money on your next home cleaning with Well-Paid Maids. It’s easy!
We offer a discount when you set up recurring cleans — and the discounts just increased this week!
For weekly cleans, get $30 off each cleaning.
Potomac Harmony is Back! Following a gap year of competing, then virtual rehearsals during the pandemic, followed by the well-earned retirement of our long-term director, a year of a director search, Potomac Harmony hit the regional contest stage in Concord, North Carolina in March for the first time since 2018! It was exhilarating, reaffirming, and rewarding!
The chorus hit all of its goals, the biggest of which was to have fun and sing our best on contest stage — we did both! Because we earned a score over 400 points, our new Director, Allison Lynskey, was awarded the Novice Director award, photo above. Additionally, one of our charter members, Jackie Bottash, was nominated for and honored with the Leadership Excellence award. It was a celebratory weekend!
What’s next? So much! We now look forward to upcoming performances, growing our membership, and expanding our musical product with new arrangements and an education component each week. It’s an exciting time to be part of this ever-growing ensemble!
Alexandria NAACP, Shiloh Baptist Church, DPC to hold City Council…
The Alexandria Branch of the NAACP, Shiloh Baptist Church, and The Departmental Progressive Club to hold the City Council Candidate Forum for ALL Candidates in the City of Alexandria Virginia. The event is Free of Charge and Open to The