Contrary to popular myth, officers do not need probable cause at traffic stops. Typically, officers only need reasonable suspicion to detain motorists. This standard of evidence is lower than probable cause. In fact, reasonable suspicion is basically an evidence-based hunch.

Police must have reasonable suspicion to stop your car, and they must generally have probable cause to search your car or arrest you. That’s probably where the confusion comes in.

In most automobile search and seizure cases, the reasonable suspicion rule is not relevant. Typically, officers pull people over for traffic violations. This infraction could be a moving violation, like speeding, or a non-moving violation, like an expired inspection sticker or, the ever popular, a license plate frame which partially obscures the number.

So, officers must have at least reasonable suspicion to stop your car. But, they do not necessarily need probable cause to search it. If your situation fits any of the following search warrant exceptions, you will probably need to partner with Fizer Bonding Company (bail bonds Clarksville tn). Officers usually do not need search warrants, or even probable cause, in these situations.

Can Police Search Your Car? 

Owners or apparent owners can consent to vehicle searches. An apparent owner is someone like a driver who does not technically own the car.

Consent is an affirmative act. Opening the door or rolling down the window is not effective consent to search. If officers order you to step out of the car, you do so, and they start searching your car, that’s not consent either. At best, these situations involve assent , which is different.

Furthermore, consent is a voluntary act. Sometimes an officer is said to have acted like a bully and bullied the owners into consenting. They could say something like, “If you don’t consent, we’ll arrest you.” Arguably, any consent given by the driver is involuntary at this point, as you might be a little scared if this were to happen to you.

Legally, consenting parties have the power to withdraw that consent at any time. But these withdrawals are difficult to prove in court.

Can Police Search a Parked Car?

The exigent circumstances exception often applies in these cases. If officers see a parked car that is impeding traffic or in some jeopardy, like a car parked near a cliff, officers may approach the car and search it to make sure everyone inside is okay.

This exception also applies in many property searches. For example, officers could arrive on the scene because of a gas leak or a disturbance call.

The exigent circumstances exception is limited. Officers cannot look into every nook and cranny. A quick, security sweep is legal, but anything beyond that is arguably illegal. Sometimes you will read about a court that allowed officers to be, how should we put this, creative in these situations. A manufactured crisis could be just as good as a real crisis, for search and seizure purposes. I know we are getting into a gray area here and any crisis, real or manufactured is a serious situation. This is where it is best to have law enforcement in place because they are there to protect the public at large and we are fortunate in our country to have good, protective, law enforcement officers. 

During these searches, police may seize any drugs or other contraband which they see in plain view.

Can Police Search Your Trunk?

In these situations, the aforementioned consent exception often applies. Consent to search a vehicle usually includes consent to search the trunk. If there is a backpack or other container in the trunk, officers must secure the backpack owner’s consent before they open it.

The automobile exception sometimes applies to trunk searches as well. If officers have probable cause to believe there is evidence of a crime in a trunk, they do not need a warrant. 

This limited exception also applies to boats, airplanes, and all other motor vehicles. It’s limited, in part, because officers must look in likely places. If they have probable cause to search for illegal weapons, they cannot look under the hood.

Can Police Search Your Car on Private Property?

The aforementioned automobile consent discussion applies here. The exigent circumstances exception might apply as well.

On a related note, DUI charges only hold up in court if the offense occurred in a public place. Apartment complexes and shopping mall parking lots are not public places. The area in front of a private dwelling is in a grey area. Evidence issues like this one are relevant to Fizer Bonding Company because they may come into play if there is a (bail bond near me) bail reduction hearing.

Can Police Search Your Car if You Have a Suspended License?

An exception called “search incident to arrest” used to apply in these situations. Officers could “arrest” motorists for trivial infractions, such as speeding or driving on a suspended license, and then almost literally tear their cars apart looking for contraband.

But in a 2009 case called Arizona v. Gant , the Supreme Court limited these searches to weapons pat-downs. More on this concept below.

So, if you are arrested for driving on a suspended license or anything else, police usually cannot search your car unless another exception, like consent or the automobile exception, applies.

Can Police Search Your Purse or Pockets?

The aforementioned reasonable suspicion rule also applies in these situations. If officers have an evidence-based hunch that the suspect has a weapon, officers may order the defendant to assume the leg spread/open arm “search position”. Officer may then pat the suspect’s purse and pockets looking for weapons. However, they may not open your purse, unless the owner consents or another exception applies.

This rule comes from 1968’s Terry v. Ohio. The Supreme Court has diluted the reasonable suspicion doctrine in some recent cases, most notably 2016’s Utah v. Strieff . However, the rule itself remains in effect.

Here’s how this exception works. Since Tennessee has a concealed weapons law, it’s reasonable to assume that anyone might be carrying a gun. If the suspect appears anxious or nervous, that’s probably enough to justify a weapons pat-down. If officers feel drugs or other contraband during the pat-down, they may seize the substance.

For more information about getting a bail bond arising from a police stop, contact Fizer Bonding Company, (bail bonds clarksville tn). Fizer Bonding Company is family-owned and a proud member of the Tennessee Association of Professional Bail Agents . For more info about Fizer Bonding Company bail bonds, click here .

Fizer Bonding Company in Montgomery County Tennessee

(931) 449-9351

Fizer Bonding Company in Robertson County Tennessee

(615) 667-1109

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