If a police officer stops me and wants to search my car, do I have to let him?

A police officer's search of your car is a serious invasion of your privacy. That is why the law prevents the police from merely stopping cars and searching for contraband or evidence of a crime. You always have a right to refuse a police officer's request to search your vehicle, home, or person. But, if an officer has probable cause to believe that you are carrying contraband in your car, he can still search your car. Likewise, if an officer stops you for a traffic violation, he may be able to search your person and the interior of the car to check for weapons that may be a danger to his safety.

Often the police will stop someone for a minor traffic violation and ask permission to search the entire vehicle, even when he does not have any reason to suspect there is evidence of a crime or other contraband in the car. If you consent to a search in such a situation, the officer will be allowed search the entire car—including looking into the glove box, the console, the trunk, under the seats, and even in the ashtray. Not only will he be allowed to search the car he is also allowed to open any bags, boxes, purses, or other containers he finds in the car.

He will be allowed search your person, and bring a police dog to sniff inside it and  may even take it to a police impound to have parts removed if he thinks there are hidden compartments. Most importantly, the officer will be allowed to use any evidence or contraband he might find in the vehicle against you in court. Even if it is a small amount of marijuana or other drugs  that  one of your passengers had on them, or that someone left in the car before you got into it.

While some people are of the view that "innocent people have nothing to hide" and should not mind the inconvenience caused by a police search, our founding fathers saw things differently. Having lived under the tyranny of a police state the men and women who drafted our constitution believed that a person's right to privacy as well as their right to be left alone should be respected. They believed a person should feel secure in the persons, their papers, their houses and effects. That is why they insisted that the fourth amendment be included in the Bill of Rights.

A roadside search can take a considerable amount of time and involve considerable embarrassment and inconvenience, even if you "have nothing to hide."  If you do not consent and the officer searches your person or vehicle without lawful authority, then the officer would not be allowed to use anything that he might find as evidence against you in court. Therefore, it is generally best to refuse to let the police search your car. In today's "zero tolerance" environment, the police will arrest you even if they find a few  leaves or marijuana or an open container of beer. Sometimes when a person refuses to allow the officer to search their car, he or she will threaten to obtain a search warrant or call a police dog  to sniff the car for drugs.  Its best not allow yourself to be intimidated into giving consent to search  by such threats.

If you were arrested after a roadside search of your car or truck, you need to talk to a lawyer.

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