When can an Officer Search a Vehicle without a Warrant?

Introduction:  One of the top misunderstandings related to the 4th Amendment is law related to warrantless searches of vehicles.  I first noticed this at a national conference where I discussed this law – on the break, over 10 officers came up confirming the law I had cited as it was contrary to their training and practice.  Even when I have quoted the law at a presentation to drug prosecutors, one commented, “I don’t think that is right.”

The Issue:  The Supreme Court initially allowed warrantless searches of vehicles (with probable cause) because of the inherent mobility of a car.  It was initially called the Mobile Vehicle Exception.  But the Court revised its reasoning and held that because of the regulation relating to vehicles, it resulted in a reduced expectation of privacy … how reduced? Essentially, officers can search a vehicle based on probable cause and there is no requirement of risk of mobility or “exigency.”

Don’t Take My Word For It:  One of the officers at this national training said he had checked with his prosecutor and I must have been talking about some outlier Oklahoma law.  Here is a quote from the Supreme Court, “[W]e held that when police officers have probable cause to believe there is contraband inside an automobile that has been stopped on the road, the officers may conduct a warrantless search of the vehicle, even after it has been impounded and is in police custody.”  Can there be any less risk of exigency or a car driving away than one in police impound? 

The Takeaway:  I still see attorneys challenging vehicle searches examining the officers inquiring if the police had the resources or ability to get a warrant.  The above image is a PDF with the quotation of the law from the Supreme Court.  You can download it and find other resources at www.briansurber.com/resources.