Traffic stops sometimes result in police searching a person’s car or other vehicle and finding evidence of an offense far more serious than speeding or cruising through a stop sign – like illegal drugs or weapons or stolen property, for example.
People often question whether officers had a legal right to search their vehicle without a search warrant. The laws around search and seizure may seem unclear compared to those around searches of homes and other property.
The U.S. Constitution and later SCOTUS rulings
The Fourth Amendment of the U.S. Constitution clearly protects people from unreasonable searches and seizures. However, the Founding Fathers couldn’t have envisioned the vehicles in which most Americans now spend a good deal of their time, so there’s no mention of them.
That’s why searches of vehicles have been addressed in subsequent court rulings. The U.S. Supreme Court (SCOTUS) has ruled that police aren’t required to obtain a warrant before searching a vehicle that’s been pulled over because a driver could potentially drive off at any time. People also have a lower expectation of privacy in a vehicle on the road than they have in their home.
The Nebraska Constitution
While the U.S. Constitution doesn’t cover vehicle searches, the Nebraska Constitution does. Under “Search and Seizure,” it states in part, “The requirement of ready mobility for the automobile exception to the warrant requirement of this provision is met whenever a vehicle that is not located on private property is capable or apparently capable of being driven on the roads or highways.”
Not all searches – or traffic stops – are legal
This certainly doesn’t mean that every police vehicle search is legal. Law enforcement officers can’t just pull someone over and start rummaging through their car for no reason. First, they must have reasonable suspicion that someone has committed a traffic violation or crime to pull them over. Then, they must have probable cause to believe the vehicle contains evidence of a crime to search it without a warrant. Note that something in “plain view” can be seized without a warrant.
This can be a lot to remember in the middle of a traffic stop followed by a vehicle search and an arrest. However, it’s critical to ensure that any evidence being used against you was legally obtained. That’s one reason that getting legal guidance as soon as possible can make all the difference.
