Excerpt from Attorney Ralph Behr’s Book. Street Smarts- Criminal Law 1.01 – CARS AND COPS – Can the Police Search My Car Without a Warrant?

IMG_6709-2-194x300CARS AND COPS

100 ‘most asked‘  questions

CAN THE POLICE SEARCH MY CAR WITHOUT A WARRANT?

Yes.

If a police officer makes a lawful traffic stop he can search your car.

A lawful stop means the officer has at a minimum a reasonable belief that you have violated a criminal law, there is an outstanding warrant for the driver or passenger, or you committed a traffic infraction. The officer can detain you and your passengers for a reasonable time.  Reasonable means a sufficient time to issue a citation for the infraction.

Everything within plain view, such as an open container of alcohol, a marijuana cigarette or a weapon can all give the officer probable cause to make an arrest of the driver and passengers.

The officer can detain the car, driver and the passengers for a reasonable time for a drug sniffing dog to be brought to the scene to alert to any controlled substance.

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