The flashing lights and siren of a police car can make anyone’s stomach do a little flip. And while it’s important to be polite and respectful during a traffic stop, it’s just as important to understand your rights.
One of those rights is the freedom from unreasonable searches and seizures. But does that apply to your vehicle?
When are vehicle searches allowed?
There are certain conditions under which Texas law enforcement can search your vehicle:
Consent
If an officer asks for your permission to search your car and you agree, they can conduct the search without providing any justification. You do have the right to refuse; however, officers do not need to inform you of this right.
Plain view
If an officer observes contraband or evidence of a crime in plain view inside your car during their interaction with you, they have the legal right to search your vehicle without further permission or warrants.
Probable cause
Officers can search your vehicle if they have probable cause to believe there is evidence of a crime within it. Probable cause must be based on factual evidence or clear indications of criminal activity.
During an arrest
If your traffic stop results in an arrest, officers have the right to search your vehicle as part of the arrest process. This is to ensure officer safety by looking for weapons or to prevent the destruction of evidence related to the arrest.
Impoundment
Law enforcement can conduct an inventory search if your vehicle is impounded following a traffic stop or arrest. This type of search documents the vehicle’s contents and is not conducted to find evidence of a crime. However, if illegal items are found during an inventory search, they can be seized and used as evidence.
Understanding your rights is the first step in protecting them. Knowing the legal grounds under which your vehicle can be searched in Texas is essential. If you believe officers conducted an illegal search, it’s imperative that you reach out to someone who can review your case and defend your constitutional rights.