{"id":30908,"date":"2021-06-01T15:37:51","date_gmt":"2021-06-01T20:37:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment4\/vehicle-searches-under-the-fourth-amendment.html"},"modified":"2024-08-02T13:33:30","modified_gmt":"2024-08-02T18:33:30","slug":"vehicle-searches-under-the-fourth-amendment","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment4\/vehicle-searches-under-the-fourth-amendment.html","title":{"rendered":"Vehicle Searches Under the Fourth Amendment"},"content":{"rendered":"\n
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Vehicle Searches Under the Fourth Amendment<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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When police officers have probable cause to believe a motor vehicle contains illegal contraband, they can bypass the warrant requirement to prevent the destruction or loss of evidence.<\/p>\n\n <\/div>\n\n

The Fourth Amendment<\/a> protects us from "unreasonable searches and seizures." This generally means the government and its agents, such as police officers, must obtain a search warrant before searching a person or their property. The text of the Fourth Amendment states:<\/p>\r\n

\u201cThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.\u201d<\/i><\/p>\r\n

However, when police officers have probable cause to believe a motor vehicle contains illegal contraband, they can bypass the warrant requirement to prevent the destruction or loss of evidence.<\/p>\r\n

Motor Vehicles and the Fourth Amendment<\/b><\/h2>\r\n

Motor vehicles carry a lesser expectation of privacy because they are movable by nature and likely to quickly be taken out of a jurisdiction while officers obtain a warrant. Indeed, the U.S. Supreme Court has established multiple exceptions to the warrant requirement for vehicle searches.<\/p>\r\n

However, the Supreme Court has recognized an automobile exception<\/a> because motor vehicles, unlike your home, are movable. The ability to easily move a vehicle from one jurisdiction to another creates a sense of urgency the courts often refer to as \u201cexigency.\u201d<\/p>\r\n

The Evolution of the "Automobile Exception"<\/b><\/h2>\r\n

The Court established the automobile exception in Carroll v. United States<\/i><\/a>. <\/i>In this case, prohibition agents stopped and searched the respondent\u2019s motor vehicle while he was driving on a known smuggling route. The agents had unsuccessfully attempted to purchase illegal whiskey from him on a different occasion. This time, the agents found 68 bottles of illegal whiskey<\/a>.<\/p>\r\n

The Court found the warrantless search was permissible because, given the circumstances, obtaining a warrant was impractical. Carroll not only evaded authorities before in his vehicle, but the Court found the agents had probable cause to believe he was transporting illegal contraband.<\/p>\r\n

The Court determined that the readily moveable nature of contraband in an automobile increases the urgency of searching a vehicle where officers have probable cause and a reasonable belief of criminal activity. Further, there is a lesser expectation of privacy in vehicles when compared to searching a home or office.<\/p>\r\n

When Is a Warrantless Search Justifiable in a Traffic Stop?<\/b><\/h2>\r\n

Drivers do not have to consent to a search of their car at a traffic stop<\/a>. However, as explained above in Carroll,<\/i> police officers can initiate a stop and search the car if they have probable cause.<\/p>\r\n

This is the legal basis required before police can arrest you or obtain a warrant to search or seize your property. Probable cause refers to a reasonable belief of a crime or traffic violation, grounded in specific facts or circumstances, like an officer’s observations or a credible tip from an informant.<\/p>\r\n

For example, highway patrol may set up a DUI checkpoint due to an increase in drunk driving accidents. Someone is stopped at a checkpoint, and the officer observes:<\/p>\r\n