Do I Need to Let the Cop Search My Car?

It’s a situation that plays out every weekend throughout Michigan and across the country. You’re driving along, minding your own business, when you see red and blue lights flashing in your rearview mirror. You pull to the side of the road, the police officer walks up to your window, asks for your license and proof of insurance, then says, “Do you mind if I search your car?”

In most cases, the police need a warrant to conduct a search. But during a traffic stop, police can search your car if they have probable cause to believe you committed a crime.

If you were stopped, your vehicle was searched, and you were charged with a crime, Elmen Legal can analyze your situation, defend you in court, and work to have illegally obtained evidence excluded from your case.

Elmen Legal is based in Ann Arbor and proudly represents people throughout Michigan. Contact Robert Elmen today to schedule a free and confidential appointment to discuss your situation and how he can help.

Can Police Search Your Car?

While there are limited circumstances when the police can search your car, the general rule in Michigan is that the cops cannot search your vehicle unless (1) they have a warrant or (2) you consented to the search.

But unfortunately, when people are asked, “Do you mind if I search your car?” too many drivers say “Sure. Go ahead.” By doing so, they have consented to a search and waived the requirement that police first obtain a warrant.

In any interactions you have with the police, remember you have legal rights and are presumed innocent until proven guilty beyond a reasonable doubt. Do your best to remain calm and collected, and politely but firmly assert your rights. Calmly tell the police you do not consent to a search, that you are invoking your right to remain silent, and that you wish to speak to an attorney. Then contact Elmen Legal.

You have the right to refuse when the police ask to search your vehicle. If the police search your vehicle without your consent, without a warrant, and without probable cause, Elmen Legal can work to have illegally obtained evidence excluded, which can pave the way for dismissal of your case or a significant reduction in the severity of the penalties you might face.

Can Police Search Your Car for a DUI?

Before searching your car, police must have probable cause to believe you committed a crime. The threshold for probable cause is quite low. The police officer must be able to identify a specific fact or set of facts that caused them to believe you committed a crime. Police have probable cause if you violated a traffic law, like if you were weaving or speeding, drove left of center, or had a tail light, brake light, or headlight out.

In the case of an OWI/DUI stop, police have probable cause to investigate if they smell drugs or alcohol in the vehicle or if you have glassy or bloodshot eyes or were slurring your words.

Can You Refuse a Search of Your Car?

When the police stop you, you have the legal right to refuse a search of your vehicle. However, police officers are not required to inform you of this right. Nonetheless, in many traffic stop situations, police officers can point to evidence to support a search of your vehicle, even without a warrant.

If the police ask to search your vehicle, you should not consent to the search. In most cases, the police officer will search your vehicle anyway. However, when you clearly refuse to consent to the search, your criminal defense lawyer may be able to have evidence suppressed if the search was not justified.

When Can the Police Search Your Car?

Various circumstances allow the police to search your car without a warrant or your consent.

1. Probable Cause: If the cops have reason to believe your car contains evidence of a crime, such as illegal drugs or stolen property, they can search it without a warrant.
2. Consent: The police can search your car when you give them permission. However, you are not required to consent and can refuse the search.
3. Search Incident to Arrest: If you are arrested, the police can search your car for weapons, evidence related to the crime for which you are being arrested, or to ensure their safety.
4. Plain View: If an officer can see evidence of a crime in your car without having to search (such as through the window), they can seize it and may search the vehicle further.
5. Inventory Searches: If your car is impounded (e.g., after an arrest), the police can conduct an inventory search of the vehicle without a warrant to document the contents.
6. Exigent Circumstances: If there is an immediate need to prevent evidence from being destroyed or there is an emergency situation like chasing a suspect, the police may search your vehicle without a warrant.

These exceptions to the Fourth Amendment’s warrant requirement are intended to balance the Fourth Amendment’s protection against unreasonable searches and seizures with the need for law enforcement to protect themselves while enforcing the law.

Aggressive Defense Against Criminal Charges

A vehicle search during a traffic stop often leads to criminal charges. If the police discovered illegal drugs or firearms in your vehicle, you may have been charged with a drug offense or illegal possession of a firearm. These are serious criminal charges that require a serious legal defense, and Elmen Legal can help.

Contact Elmen Legal Today

If the cops searched your car and you were charged with a crime, call (734) 707-8915 or contact Elmen Legal online today to schedule a free and confidential appointment to discuss your situation and begin preparing your legal defense.