Kushner | Law Group PLLC
Kushner | Law Group PLLC
Kushner | Law Group PLLC

Vigorous Advocates Fighting For Your Rights

Do the police always need warrants to search cars for drugs?

On Behalf of | Aug 11, 2023 | Criminal Defense |

Getting pulled over by the police, whether you’ve broken the law or not, can be a terrifying experience. When the police officer asks for your consent to search the automobile, you likely would be more nervous. 

According to the Fourth Amendment, officers should acquire a search warrant before conducting a search. There are, however, several exceptions to search warrants. The police may be able to examine your car without a warrant under the following scenarios:

When you give consent

The police may search your car for narcotics without a warrant if you permit them. If a police officer demands to search your automobile, you are under no need to consent. However, you should remain calm and respectfully deny their proposal. If they search without your permission and uncover anything damning, the evidence will most likely be inadmissible in court.

When the search is related to a lawful arrest 

If you are legally detained, the police may examine your car for drugs without a warrant. This is often done to guarantee that no persons or weapons endanger the arresting officers.

When there’s probable cause

Probable cause implies that the police must provide evidence to support their view that you were involved in illegal activities. For example, if an officer notices a drug-related item in your vehicle, smells marijuana or observes marijuana smoke emanating from your vehicle, then they would have probable cause for a drug search. 

If you have been subjected to a warrantless search, you may need to reach out for legal help to understand your defense options.