The Fourth Amendment of the United States Constitution establishes protections against unreasonable searches and seizures by the police or other government officials. Generally, law enforcement agents must acquire a warrant before conducting any search of a private space or seizing someone’s possessions. Private spaces can include anywhere that a private citizen has an expectation of privacy, such as their home or vehicle. However, depending on the location being searched, the police may not need a warrant to search a vehicle.
Vehicles are unique because they are moveable and easily visible, so there are unique exceptions that allow the police to search vehicles without warrants. In reality, vehicles are commonly searched without warrants because by the time a warrant could be obtained, the vehicle and its contents could be lost. Vehicles can also be searched without a warrant when drivers are arrested or detained and a search is necessary for the safety of officers. Warrantless searches are also routinely conducted on vehicles that have been impounded.
If your vehicle was searched by the police and your personal belongings taken, a skilled lawyer could help you. Our Los Angeles criminal defense attorneys can help you challenge the search of your vehicle and prevent any illegally seized evidence from being used against you. To arrange a free legal consultation with our team, call (909) 861-8075 today.
Warrants for Vehicle Searches in California
As a general rule, law enforcement officials must obtain a valid warrant authorizing a search and seizure before attempting to conduct a search or seize evidence. Without a valid warrant, a search will be considered illegal, and any evidence or contraband seized pursuant to the search will be excluded from a trial. Warrants must meet certain legal criteria to be considered valid and legal.
An impartial judge or magistrate must issue a search warrant based on probable cause. The warrant must describe in detail the location to be search and any evidence expected to be found. If any of these elements are missing from a search warrant, it may be invalid.
Probable cause is the evidence or proof that the police must gather before they can obtain a warrant. Probable cause for a search warrant must demonstrate that evidence of a crime is likely to be found in a particular location. The evidence needed to establish sufficient probable cause is hard to define and may look different in each unique case.
While vehicles are subject to the warrant requirement, they also fall under numerous exceptions to the rule. Vehicles and any evidence inside them can quickly be moved before the police can obtain a warrant, so warrantless searches are quite common. Talk to our Glendale criminal defense lawyers about your case and we will help you determine if your vehicle was lawfully searched.
What Are The Exceptions to the Warrant Requirement For California Vehicle Searches
Vehicles are treated somewhat differently from a person’s private home when conducting searches and seizures. Vehicles are easily moved, and any evidence or contraband inside is easily lost. Also, the inside of a vehicle is often easily visible from the outside, so people tend to have fewer privacy expectations than they do in a home. The nature of vehicle search allows the police to employ several exceptions to the search warrant requirement.
The police frequently conduct vehicle searches with the consent of the driver. Consent allows the authorities to circumvent the warrant requirement in any circumstance that would require a search warrant. It is not uncommon for the police to ask a driver if they can search their vehicle. Many drivers feel intimidated by a police officer and give consent because they feel like they cannot say no.
Once the police have your consent to search, they can search the entire vehicle. Every corner and compartment of your car could be searched if you give consent to the police. For consent to be valid, it must be given willingly, and you must understand what you are doing. If you feel as if you were coerced or intimidated into providing consent, call our Los Angeles search and seizure lawyers for help.
While probable cause is required for any search, vehicles can usually be searched without a warrant because they are also readily moveable and highly visible. This combination of factors allows police to search without a warrant as long as they have probable cause to justify the search. Typically, after the search is conducted and the police have seized any evidence, they must explain the probable cause that led to the search. If the probable cause is found to be insufficient, the search may be invalidated, and the evidence can be suppressed later.
A search under this exception allows the police to search your entire vehicle. They can even search your bags or other containers within the vehicle if they could reasonably contain the evidence being sought. Contact our Long Beach criminal defense attorneys for assistance with your case.
Search Incident to Arrest
If you are arrested while driving a vehicle, the police may search your vehicle after your arrest. However, this kind of search is far more limited than the exceptions mentioned above. A search incident to an arrest only permits officers to search the “wingspan” of the arrestee. This means that law enforcement can only search areas of your car that you could physically reach from the driver’s seat. While most of the car’s front seat is likely to be searched, the back seat or trunk is usually off-limits.
Law enforcement can also search your vehicle after impounding your vehicle without a warrant. Vehicles are often impounded after the police arrest the driver. Vehicles cannot be left along the side of the highway, so they are usually towed and impounded. Once impounded, officials will conduct an inventory search to take stock of what is in the car. However, if any evidence of a crime or contraband is found during an inventory search, it may be used against you in criminal proceedings.
Call Our California Search and Seizure Attorneys
While warrants are the standard rule for police conducting searches, there are numerous exceptions to the rule, and the police frequently search vehicles without a warrant. If your vehicle was searched with or without a warrant, call our San Bernardino criminal defense lawyers for help. Schedule a legal consultation with our team at (909) 861-8075.