Can a cop search your vehicle without your consent?

Answer

I am going to assume that all states deal without consentless searches the same way. In Texas, an officer can not search your car withhout consent unless he has "probable cause" to believe that that a crime has occurred, is occurring, or will occur.

Answer

It depends upon the laws of the state, the reason the person was stopped and if the officer(s) had "just cause". The terms "just cause" or "suspicion of probability" can carry a broad legal definition. Therefore, the police can search a vehicle without permission. Whether anything found can be used as evidence in court is a different matter.

Answer

This is a question that I have been frequently asked. As previously stated, Laws vary from state to state, however all states must comply with the US constitution in regards to the Fourth Amendment. The fourth amendment, to paraphrase, basically protects a persons right to be secure in their property and person, papers. Consent to search is needed for all vehicular searches unless exigent circumstance exists. The US Supreme court recognizes and exception to the search warrant requirement in vehicles that a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that it holds contraband or evidence. Carroll v. United States, 267 U.S. 132 -- in which the Court held that a warrant less search of an automobile, based upon probable cause to believe that the vehicle contained evidence of crime in the light of an exigency arising out of the vehicle's likely disappearance, did not contravene the Fourth Amendment's Warrant Clause -- provides one rule to govern all automobile searches. Separate doctrines have permitted the warrantless search of an automobile to include a search of closed containers found inside the car when there is probable cause to search the vehicle, United States v. Ross, 456 U.S. 798, but prohibited the warrantless search of a closed container located in a moving vehicle when there is probable cause to search only the container, Arkansas v. Sanders, 442 U.S. 753 Of course in some states and in particular the State of Indiana, a certified Police K-9 is considered probable cause to search a vehicle without a warrant, That is if the K9 indicated to the presence of a contra band substance. Hope this helps. SlyK9

--- Sorry, Terry V Ohio is the basis of a frisk or a open hand pat down of a person for weapons the case started when an officer stopped a person standing near a jewelry store, where a robbery had occurred. the officer used flat open hands to pat down the suspect before questioning, to determine if the suspect had any weapons. A terry pat is for WEAPONS ONLY ON A PERSON!!. It has nothing to do with a car search. Aside from that, "plain sight" probable cause will always allow a vehicle search, but only within the reasonable area that the occupant can reach. From there, a car can be towed, where an "inventory search" is performed. If contraband is found, a warrant will be issued for the search of the car, while it is impounded.

So True. Sorry had the two mixed up for a moment.

YES, if he/she has probable cause. But if they don't have a warrant then you can say no but odds are is that if they know you did something they will be getting that warrant soon.

First answer by Macky. Last edit by Futurecsi1992. Contributor trust: 11 [recommend contributor]. Question popularity: 77 [recommend question]

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