A traffic stop is usually not one of those events people put at the top of their bucket lists. In fact, avoiding having police pull you over is likely something you are happy to do as long as you are able to drive. For many, seeing those flashing lights in the rearview mirror makes their hands shake and their brows sweat. It may also cause them to forget that they have important rights that are at risk during any encounter with police.
One right the U.S. Constitution protects is the freedom from illegal searches by police. This means police cannot stop you on the street to search you or pull you over and rifle through your vehicle just to see if you are doing something wrong. The law requires officers to have a court order called a search warrant. However, there are some cases where a police officer can lawfully search your vehicle without a warrant.
A warrantless search might be legal
Through a search warrant, a judge orders police to search your vehicle based on information the police provide to the judge. That information must convince the judge that officers have good reason to believe that you are involved in criminal activity or that they will find evidence of a crime in your vehicle. In most cases, police cannot use evidence they may find while conducting a warrantless search against you in court. It may be lawful, though, for police to search your vehicle under the following circumstances:
- If police have arrested you, they may search your vehicle for items related to your arrest, such as looking for drugs or alcohol after a DUI arrest.
- Police may search your vehicle without a warrant if they have reasonable fear for their own safety or the safety of others, such as believing you may have a weapon in the vehicle.
- If your traffic stop or arrest leads to the impoundment of your vehicle, police will likely search the vehicle to inventory its contents.
- Police may have information that gives them probable cause to believe your vehicle contains evidence of a crime, such as outstanding warrants or something in plain sight, like drugs or a weapon.
It is important for drivers to understand the limitations on law enforcement when it comes to searching vehicles during a traffic stop. Without this knowledge, many drivers grant permission for police to search their vehicles without a warrant. Since it is not always possible to control what is in your vehicle, it is wise to politely refuse to allow West Virginia police to search without a warrant and to seek legal advice if a search results in criminal charges.