In general, police cannot search your car without a warrant or your permission. However, it is important to understand the exceptions to that rule to make sure your rights are not being violated.
One of these exceptions is when police have probable cause. Probable cause is when an officer has a reason to believe there is evidence of a crime in your vehicle. An example of probable cause might be the sight or smell of an illegal drug.
Police can also search your car when:
- An officer believes the search is necessary for his or her own protection. This could be true if an officer has a reason to believe you may have a hidden weapon.
- The search is related to your arrest. This might be the case if your arrest is drug related and an officer thinks you may have illegal drugs in your car.
- Your car has been impounded. While police cannot tow your car just to search it, they can search it once it has been impounded for another reason.
It is worth noting that you do not have to give an officer permission to search your vehicle, and by not giving permission, you may stand a better chance of challenging the search in court. However, if you deny permission for the search, the officer may exercise other methods to obtain a legal search.
Because police have many ways to obtain a legal search of your car, having anything illegal in your car is very risky. However, by understanding your rights, you will be better able to make sure your rights are not violated.
Archie Speights is a co-founder and lead criminal law attorney of Speights Law in Cherokee County. He is an experienced criminal defense lawyer who handles an assortment of major felony cases, including murder, sex crimes, aggravated assault, and drug crimes in the state of Georgia.