Being stopped by the police is stressful, to say the least—especially if they ask to look inside your car. Must you let them? In Massachusetts, the police don’t need a warrant to search your car, but they cannot simply search your car whenever they want.

Most Automobile Searches Require a Warrant

The Fourth Amendment of the U.S. Constitution guarantees your right to privacy against unreasonable searches and seizures by law enforcement officials. This means that no person or property may be searched without adequate justification and a warrant. The language aims to strike a balance between protecting individual rights and permitting law enforcement authorities to maintain public safety. Specifically, it states:

“The 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.”

As this language signifies, you should not be subject to unreasonable searches and seizures. Additionally, in most cases law enforcement officers are required to obtain a search warrant before they are allowed to search you or seize evidence to use against you. To obtain a search warrant, they must have probable cause.

Over time, however, both the U.S. Supreme Court and Massachusetts’ highest court have carved out exceptions to the warrant requirement, particularly regarding searches of automobiles. When police have probable cause to believe that contraband or evidence of a crime will be found in a car that is in a public place, they may search the car without a warrant.

These warrantless searches are justified for two reasons. First, motor vehicles are inherently mobile. If the police had to wait for a warrant to conduct a search, there would be a substantial risk that the evidence or contraband could be moved. Second, we all have a reduced expectation of privacy regarding the items we keep in our cars (as opposed to items we keep in our homes or offices, for example) because our cars are subject to considerable governmental regulations.

When Does the Automobile Exception Apply?

The automobile exception applies only to vehicles that are either stopped by the police in transit or are parked in a public location (such as on a road or in a parking lot accessible to the public).

While a warrant is not required, a police officer still needs probable cause to believe contraband or evidence of a crime will be discovered inside the vehicle. Until the marijuana laws in Massachusetts changed, decriminalizing the possession of a small amount of marijuana, anytime police officers smelled marijuana smoke during a traffic stop, they were permitted to search the car for evidence of the crime. Today, however, the smell of marijuana smoke does not, by itself, give the police the right to search a car.

What Constitutes Probable Cause?

Probable cause is the legal standard a police officer must meet before legally searching a vehicle. To do so, the officer must have a reasonable belief, based on particular facts and circumstances, that a crime has been committed, is being committed, or is about to be committed. This belief must be based on the totality of the circumstances and grounded in facts, observations, or information, rather than a law enforcement officer’s hunch or subjective opinion.

Courts use an objective standard when determining whether a law enforcement officer had probable cause for an automobile search: Would another person in the officer’s position have reached the same conclusion?

Various factors and evidence can support probable cause arguments for automobile search and seizure, including:

  • Police directly observe criminal activity. For example, the officer might have seen a person engaging in a drug deal and then entering the vehicle, which could justify the stop and search.
  • Police have reliable information that a crime has been or will be committed. Police could have received credible information or a tip from a reliable source regarding illegal items or evidence of a crime in a particular vehicle. This can establish probable cause. However, if the information is challenged in court, the source’s reliability and the specifics regarding the alleged evidence will be scrutinized.
  • Police see contraband. If weapons or drugs are in plain sight, the officer may be allowed to conduct a search.

Other Exceptions That Allow Searches

In addition to the automobile exception, police may search a car without a warrant under several other limited circumstances:

  • Search Incident to Arrest: After making an arrest, officers may search the individual and their immediate surroundings to ensure safety and prevent evidence tampering.
  • Consent: If you agree, police may search — but consent must be voluntary. You always have the right to refuse.
  • Inventory Searches: If your car is lawfully impounded, police may inventory its contents, but only if they follow the department’s written policy.
  • Exigent Circumstances: If there is an immediate threat to safety, risk of evidence destruction, or the suspect is likely to flee, officers may act without a warrant.

Limited Scope of Search

Under the automobile exception, the police may search a car only if there is probable cause to believe contraband or evidence of a crime will be discovered. They must have a general idea of types of objects that are the subject of the search, and they may only search those areas of the car that could conceivably hold the evidence or the contraband.

For example, if the police have probable cause to believe there is a gun in a car, they can search the passenger compartment, under the seats, and inside the glove compartment, since the gun could be hidden in any of those places. If they find a prescription pill bottle inside of the car, the officers cannot open the bottle under the automobile exception, because there is no possibility that a gun could be located inside it.

Can Evidence Found During Search Be Suppressed?

If police conducted a search without probable cause or went beyond the scope of the permitted search, a motion to suppress that evidence should be filed in court. The exclusionary rule holds that if a search is found to be unreasonable, any evidence obtained in that search could be excluded. Your criminal defense attorney could argue that the search violated your constitutional rights and ask the court to suppress the evidence so it could not be used against you in a criminal trial. A skilled cross-examination of the police officer who searched your car, focused on the particular facts and circumstances of the search, will significantly affect whether the judge will agree to suppress the evidence.

If the motion to suppress is successful, the court could rule that the evidence could not be presented against you. Without this evidence, there may be insufficient grounds for the prosecutor to continue with the case, which could lead to a dismissal of criminal charges.

Practical Tips If You’re Pulled Over

  • Stay calm and respectful.
  • Provide your license, registration, and insurance.
  • If asked to consent, you can politely say: “I do not consent to any searches.”
  • Never physically resist.
  • If a search occurs, note the details and contact a lawyer immediately.

The criminal defense attorneys at Mountain Dearborn can advise you on the legality of a law enforcement search of your car and any resulting criminal charges. Please contact us here for a confidential consultation.

Image: Kenny Eliason