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Can an officer search your vehicle during a DUI traffic stop?

On Behalf of | Mar 9, 2021 | criminal defense

If you’re stopped by the police for unusual driving behaviors, they may want to check your vehicle for drugs or alcohol. It’s important for you to know when the police can and cannot search your vehicle, so that you recognize if and when your rights have been violated.

Did you know that an officer can ask to look inside your vehicle and you can say no? If you give permission, an officer does not need a warrant. Refuse if they do not have a warrant.

Are there times when officers can search your vehicle without a warrant?

Yes, there are some times when a police officer could search your vehicle without a warrant. For example, if you are arrested for driving while under the influence, then officers have a right to search your vehicle. Similarly, if you are on probation or parole already, then officers may search your vehicle.

Two other times when officers may search your vehicle without a warrant include if the drug dog hits on your vehicle or if there is something illegal within plain view (which means the officer can see it from the window without coming into the vehicle).

It’s also possible for the officer to search your vehicle if they reasonably believe that they could be in danger if they don’t. For instance, if they believe a vehicle contains a weapon or bomb, then they may search it.

Should you consent to a search of your vehicle?

You should not consent to a search of your vehicle. You have the option of remaining silent, even if you are asked for permission. Your silence is a refusal.

If an officer does present a warrant, then they will have the right to search your vehicle, and you should allow them to do so.

A search poses a threat, because you never know what an officer might find and try to use as evidence against you following a traffic stop. It’s smart to know your rights and to refuse a search unless the officer can show that they have a right to search your vehicle due to your arrest, possessing a warrant or other exceptions.