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When can authorities search your car without a warrant?

| Jun 10, 2021 | drug possession

Before a law enforcement officer may conduct a search of your Texas home, he or she typically must have a warrant. When a law enforcement officer stops your car, though, things work a bit differently.

Per FlexYourRights.org, whether authorities may conduct a lawful search of your vehicle during a traffic stop depends on whether they have one of three things: your consent, a warrant or something called probable cause.

Understanding what constitutes probable cause

If the law enforcement officer who stops your car sees something illegal in plain sight, such as drugs or stolen property, this may give him or her a valid reason to search your entire car. If you or someone in your car admits guilt, this may also give the officer enough reason to conduct a search. Smelling illegal substances may also constitute probable cause and give authorities a legal right to look around your vehicle.

Understanding your rights when authorities lack probable cause

Unless they have a warrant, probable cause or your consent, you have the right to refuse an officer’s request to search your car. The officer may not inform of you this right, but if you do decide to exercise it, stay calm and polite when telling the officer as much. Avoid stating to the officer that you are aware of your rights, as this may come off as aggressive or confrontational.

Refusing to let an officer search your vehicle is not an admission of guilt. If you decide to refuse the search request, ask the law enforcement officer who stopped you if you are free to leave before departing.