Searching cars is a common practice for law enforcement. Police officers often search cars when gathering evidence or solving crimes. They can also check suspicious vehicles. It’s a routine process that happens more frequently in real life than you think.
As leading criminal defense attorneys, we often face the question: When is it illegal to search your car in Pennsylvania?
Law enforcement cannot search your car without a warrant or probable cause. And if they want to search it without a warrant or probable cause, they need your consent. That means not all car searches are legal. In other words, you need to know your rights, especially if you have been a victim of an illegal car search.
But before getting into what is an illegal search and seizure of a car, let’s understand how this process works.
What Is Considered a Car Search in PA?
A car search is the act of inspecting or examining a vehicle by law enforcement with the intent of finding evidence of a crime. This can include searching for:
- Drugs
- Weapons
- Stolen property
- Any other items that may be considered illegal
Do Cops Need a Warrant for a Car Search in PA?
According to the Fourth Amendment of the United States Constitution, American citizens have the right to be free from unreasonable searches and seizures. This means that for a car search to be legal, law enforcement must have a valid warrant. A valid warrant is a court order that gives law enforcement officials the legal right to search a vehicle.
So, what happens if police officers search your car without a warrant? Does that mean they illegally searched your car? Not necessarily. The authorities can also search your car if they have probable cause.
What is Probable Cause?
Probable cause refers to the belief that a crime has been committed and there is evidence of it. In the case of car searches, the evidence is believed to be in the vehicle. Probable causes can include:
- Witnessing illegal activity and/or smelling drugs or alcohol
- Seeing contraband in plain sight
Here’s an example of how probable cause works. Let’s say an officer saw drug paraphernalia, like syringes or scales, in plain view inside your car during a routine traffic stop. They will have probable cause to search your vehicle. They can ask you to step out and search the car for illegal drugs and related evidence.
When Probable Cause Isn’t Needed
However, your car can also be searched without probable cause. There are certain situations where law enforcement officials do not need probable cause or a warrant to conduct a search. These include:
- Consent: If the driver gives consent for the search, then it is considered legal.
- Inventory searches: These are conducted when a vehicle is impounded and are primarily to protect any valuable items in the vehicle. However, if illegal items are found during this type of search, they can be used as evidence.
Who Can Conduct Car Searches?
Car searches can only be conducted by law enforcement officials who have been authorized to do so. This typically includes police officers, state troopers, and federal agents. Private investigators or security guards do not have the legal right to conduct car searches.
What to Do After an Illegal Search and Seizure of a Car?
If you believe that you have been a victim of an illegal car search, it is important to take the following steps:
1. Remain calm: It can be intimidating and frustrating, but it’s important to remain calm and cooperative.
2. Record details: Take note of the date, time, location, and any other relevant information about the search. This can help you and your attorney build a case against the law enforcement officials involved.
3. Seek legal representation: It’s important to consult with our experienced criminal defense attorney, who can advise you on your rights and how to proceed.
4. File a complaint: If you believe your rights were violated, you can file a complaint with the appropriate authorities. If you are being charged with a crime, the fact that you were subjected to an illegal car search is a strong defense we can use.
Contact the Criminal Defense Attorney at Pike Law
Car searches can be an effective tool in law enforcement, but they must be conducted within the boundaries of the law. If you believe that you were subjected to an illegal car search, it’s important to know your rights and protect them. By understanding what constitutes a legal car search and who has the authority to conduct one, you can better protect yourself and your rights.
For legal representation and information, contact the criminal defense attorney at Pike Law. No one’s rights should ever be violated, much less arrested based on ‘evidence’ gathered while your rights were being violated.
If you have been arrested after an illegal car search, contact our attorney today.
