Should You Consent to a Vehicle Search If You Are Pulled Over?

You may feel humiliated if you have ever been pulled over by a cop. Police officers bank on citizens not being aware of the law, allowing them to cut corners to obtain the information they are looking for. However, if a police officer asks to search your vehicle, you should not give consent.

In this article, our Tennessee criminal law attorneys discuss your constitutional rights and how traffic stops differ from other types of searches.

Understanding Your Fourth Amendment Rights

The Fourth Amendment provides citizens the right to be free of unreasonable searches and seizures by the government without probable cause or obtaining a search warrant. You are free from searches in any place where you have a reasonable expectation of privacy. However, different rules pertain to searching your home, vehicle, and person.

Even if law enforcement does not have a warrant, there are situations in which a warrantless search is legal. For example, if the police are in hot pursuit of a suspect, have reason to believe that valuable evidence will be destroyed, or if there is a threat to public safety, then a warrantless search will be permitted.

Reason for the Traffic Stop

In 2023, there were 56 speeding-related crashes in Coffee County, Tennessee. With law enforcement cracking down on traffic violations, it can be confusing to know whether you can refuse to let a police officer search your vehicle when pulled over

The answer is quite simple: The legality of a police officer searching your vehicle depends on the reason for the traffic stop. If the stop is for a traffic violation (i.e., you ran a red light), the police officer cannot proceed to search your vehicle without probable cause.

If a police officer tries to get around the law, there are restrictions preventing them from doing so. The police officer cannot state that you ran the red light or were speeding without actual proof. If you believe that a police officer had no valid reason to pull you over, the attorneys at Burch & Stewart are prepared to challenge your traffic stop.

Automobile Exception

A police officer can search your vehicle if they believe that your vehicle contains evidence linking you to a crime. This is known as the automobile exception. Under this exception, a police officer is allowed to conduct a warrantless search of your vehicle, even without getting your consent.

Additionally, officers are allowed to search your vehicle immediately after an arrest (known as a search incident to arrest). This is considered a reasonable search since officers will be searching the vehicle as a means of self-protection. It eliminates the danger of the arrestee grabbing a weapon later on to resist the arrest or flee police custody.

Speak with Our Tennessee Criminal Law Attorneys Today

Search and seizure laws can be complex, making it virtually impossible to figure out your rights on your own. If you believe that your rights have been compromised during a traffic stop, it is important to contact a Tennessee criminal law attorney.

At Burch & Stewart, we pride ourselves on providing effective representation to anyone who finds themselves on the wrong side of the law. To get started, contact us by calling (931) 954-1066 or by completing our online contact form. We offer free consultations.