Whether commuting to work, driving home from a restaurant or taking your kids to school, you do not want to see flashing lights in your rearview mirror. Still, police pull over many motorists in Onondaga County virtually every day. For most drivers, the incident is a minor inconvenience. If you have an unlicensed weapon, illegal drugs or evidence of criminal activity inside your vehicle, however, an otherwise ordinary stop may have significant legal consequences.
When an officer asks to search your vehicle, you may wonder if he or she has a legal right to do so. That is, can you refuse to allow an officer to look inside your vehicle? As with all searches and seizures, the Fourth Amendment to the U.S. Constitution requires automobile searches to be reasonable. When police seek to search a vehicle, though, special rules apply.
The automobile exception
The Fourth Amendment prohibits unreasonable searches and seizures. Before police can legally search your property or take it from you, they must have probable cause. The U.S. Supreme Court has explained how this principle relates to vehicle searches in a long line of cases, and New York has codified the standard.
For an automobile search to be legal in the Empire State, at least one of the following situations must apply:
- You consent to the search.
- Officers have probable cause to believe there is evidence of criminal activity inside the vehicle.
- Officers have reason to believe they are in danger.
- Officers arrest you or impound your vehicle.
The concept of consent
If police officers stop you, they may want to search your vehicle. Commonly, officers ask permission to search vehicles. While this conversation can be intimidating, refusing consent may be your best option to avoid incriminating yourself. Remember, if the officers do not observe evidence of criminal activity, think they are in danger or choose to arrest you, they need your permission to look inside your vehicle. If you refuse to give it, officers must obtain a warrant before searching your car. Officers should not draw any inferences about your behavior or the contents of your vehicle if you exercise your legal right to refuse to consent to a vehicle search.
New York police officers must comply with state and federal law when searching your vehicle. If they fail to do so, they may not use anything they find against you in court. By understanding your right to refuse to consent to a search of your vehicle, you may be in a better position to protect your legal rights.