Most people involved in a traffic stop just expect a police officer to write them a ticket. However, the situation might quickly spiral out of control and lead to someone’s arrest. In situations where police officers suspect someone of a drug offense, they might attempt to search the vehicle. Depending on what they find, they could place someone under arrest and convince prosecutors to bring criminal charges.
It is, therefore, usually in the best interests of those stopped by the police to know and assert their rights throughout that encounter. Understanding when police officers can legally search a vehicle is crucial for someone’s protection. When is a search of a vehicle legal during a traffic stop?
If an officer gets permission
One of the most common ways that police officers secure the right to search a vehicle is by asking someone to consent to the search. Most people try to comply with police officers during a traffic stop. They think that by being cooperative, they can obtain the best outcome for the situation. Unfortunately, people often fail to consider that there could be items in the vehicle from friends or a prior owner that could put them at risk of arrest.
If an officer has probable cause
Occasionally, police officers witness something when they pull someone over that makes them suspect criminal activity. They need to have a clear, articulable suspicion in order to conduct a search on the basis of probable cause. An officer who spots what they think is drug paraphernalia in a backseat or who smells drugs in a vehicle could potentially search even without the consent of the driver.
If an officer obtains a warrant
Occasionally, there is reason to believe that a vehicle could contain evidence that could lead to someone’s prosecution. If a judge agrees that there is sufficient reason to believe that a vehicle might contain evidence, they could potentially sign a search warrant. Someone presented with a warrant typically must submit to a search, although some people can prevent or at least delay the search if they identify issues in the search warrant papers.
If the situation does not fall into one of those three scenarios, then a search that police officers have conducted may have been illegal. A defense attorney could potentially challenge the inclusion of evidence found during an illegal search if someone takes their case to trial. As such, learning about the laws limiting the conduct of police officers may benefit those accused of a drug offense in Texas.