Question: What if you are driving a car and a police officer pulls you over. He thinks that you have been smoking marijuana and requests to search my car. Does he have the right? Can I refuse him from searching my car? How far can a Police Officer use "probable cause" as an excuse to search/test/arrest me?
Answer: Yes, he or she can search your car. As a general rule, the police have quite expansive rights to search cars. In addition, if the officer 'thinks' you have been using drugs or alcohol, he or she will most likely have probable cause to search your car.
Probable cause exists when an officer, drawing on his or her experience as a police officer, believes that a search will find evidence of a crime. In this case, if the officer "thinks" you've been using drugs or alcohol, they have probable cause to believe that they will either find drugs or alcohol in the car or on your person.
If you refuse to allow the officer to search your car, he or she would most likely get a search warrant from a court and search it anyway.
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On 02/24/08
Renee from CA said:
My boyfriend has been stopped for a traffic violation. The officer pulled him over and told him he didn't signal 100 feet away. The officer thens asks for his license and registration. After words the officer came back to the car and gave him his license and registration. On the police report the officer stated that my boyfriend made a slight movement so they asked him to step out of his car. They ask him if they can search his vehicle and he told them no. but they refuse and handcuffed him anyways & search his car.. finding a bullet in his car they charged him with it. Wat do u think of this?
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On 03/02/06
??? from KY said:
If a police officer thinks you have something in your car and he/she wants to search it because of propable cause and you refuse him/her to search it that just makes it even more suspicious don't you think?
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On 11/07/05
Josh from TX said:
in texas, if the officer does not have probable cause he/she must get the drivers consent to search. once the consent is givin the officer has every right to search any part of your vehicle. the consent to search can be taken away by the driver at any point during the officers search of the car. if the officer has probable cause, or if you are under arrest (search incident to arrest) then the officer has every right to search your vehicle, and your consent is not needed.
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On 01/25/05
Tom from OH said:
if you refuse then you have something to hide. If you have nothing to hide ther will be no problems
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On 06/02/04
Tim from Othe said:
If a police officer asks for your consent to search your vehicle you have the right under the 4th amendment to say "no".
If a police officer has probable cause to believe that there is evidence of a crime in your vehicle, he has the authority to search it, without a warrant. This authority is reffered to as the Carroll Doctrine, a US Supreme court ruling.
If the police impound your vehicle they will inventory your vehicle.
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