Bobby Vanecko is an intern at First Defense Legal Aid.

Most people who drive have been pulled over by the police at one point or another. But that does not mean that it is an easy experience. 

One reason why traffic stops are so stressful is the fact that many drivers do not know when the police may be able to search their car. This post will introduce a few legal concepts to help clear up some of this confusion. If you know your rights, and how to use them, you can avoid some of this stress and uncertainty. 

Police don’t need a warrant to search your car

The Fourth Amendment to the US Constitution prohibits “unreasonable searches and seizures.” This usually means that the police have to get a warrant before searching someone’s property. In order to get a search warrant, the police must prove that they have “probable cause.” This means they have to show a judge that it is reasonable to believe a person has committed a crime, or will commit one. They also have to show that evidence is likely to be found in the place mentioned in the warrant.¹

However, there are different rules when it comes to cars and traffic stops. The police do not need a warrant to search a car if they have probable cause that evidence will be found inside the vehicle.² A warrant is not required if it would not be practical to obtain one without jeopardizing possible evidence that could be removed if the person drives away.³

Traffic stops must not take an unreasonable amount of time

A typical traffic stop will begin by the officer asking you for your license and registration. Next, the officer is likely to tell you the reason for the stop. This is the extent of an officer’s mission during a regular traffic stop – deciding whether to issue a traffic ticket and checking the driver’s license and proof of insurance. If the officer takes more time than is reasonably required to address the matter for which the stop was made, it might be a violation of your rights.⁴ For example, if you are pulled over for speeding, there is no reason for the police to conduct a full search of the car unless they believe that you are intoxicated or have committed some other crime. 

If the police officer does not tell you the reason for the stop, then you have a right to ask the officer why you were stopped and whether you are free to leave. If the officer says that you are not free to leave, then you are likely being issued a traffic ticket, or you are under arrest. 

Use your right to remain silent, and refuse search requests

If you are under arrest, you should invoke your rights by clearly stating “I will not talk, I want my lawyer.” Even if you are not under arrest, it is always important to clearly state that you do not consent to any searches. The Fourth Amendment protects your right to refuse to consent to a search. But it does not require the police to inform you of that right.⁵ Refusing a search request does not mean you are admitting guilt. But police will often try to get consent by misleading people or trying to convince them to prove their innocence by consenting to the search.

Even without getting consent, police officers can search a car if they have probable cause to believe that the car contains evidence of criminal activity.⁶ Police can also search a car if the driver or passenger is arrested, as long as they could reasonably expect to find evidence inside the car. They can also search if the person being arrested could have accessed the car to retrieve weapons or evidence at the time of the search.⁷

As mentioned above, all searches must be limited to areas that reasonably could contain the items that the officer expects to find. For example, if you receive a minor traffic ticket such as driving with a dimmed headlight, there is no reason for the police to search the trunk of your car.⁸ The only evidence the police need is the fact that your headlight was dimmed. However, if drugs, alcohol, or other illegal items are in the car in plain sight, the police can do a full search regardless of the reason for the original stop.⁹

Conclusion

For your own safety, you should never physically resist the police, even if you believe that they are conducting an illegal search. You cannot be convicted based on evidence found in an illegal search as long as you did not consent to that search. This is why it is crucial to always assert your rights during police interactions. While it is never fun to see headlights in your rearview mirror and realize that you are being pulled over, the experience can be a bit less stressful if you keep these concepts in mind.

Editor's Note: Under Illinois law, the police may not stop, search or arrest an individual because of their citizenship or immigration status.