You Can and Should Say No to a Car Search by Police in Kentucky

You probably have encountered cars stopped on the side of the road and the police searching it and never given much thought to it. The sad reality is what you see happening to others can happen to you, too, with some outcomes not being so good. 

While the police can lawfully search your car during a stop, they do not always have the right to, and you can and should say no to an unlawful search. 

This guide explores circumstances under which you can and should say no to a car search, including situations where the police may lawfully conduct one and what you should do in such circumstances. 

Reasons the Police May Pull You Over

The police must have reasonable suspicion of a crime to pull you over. Reasonable suspicion can be a pretty broad concept allowing the police to pull over drivers for various reasons, from broken tail lights, failure to use blinkers, expired registration tags, speeding, suspected DUI, etc. 

Being pulled over for reasonable suspicion doesn’t always lead to an arrest or a search. It only serves to help the police get to the bottom of their suspicion, which can escalate to an arrest and a criminal charge or a ticket. In some cases, they may ask you to search your vehicle. In search of a situation, you have a right to say no. 

Why Would the Police Ask To Search a Vehicle?

The American constitution protects its citizens against unlawful search and seizure with an exemption when there is probable cause to believe that the vehicle holds evidence of criminal conduct. Any searches outside the probable cause standard are unlawful, and the police will rarely conduct one unless they get your consent. 

So, if they ask for consent to search your vehicle, they do not have probable cause, and you do not have to consent. “While it’s your vehicle, you may never know what they would find, including stuff that may not belong to you, for example, if someone dropped an illegal substance at some point. So, to be safe, leverage your constitutional right to reject a search,” says criminal defense attorney E Andre.

What Is Probably Cause

The police can lawfully search your vehicle without your consent if they have probable cause to believe there is evidence of a crime. For example, if the police stop you but notice drug paraphernalia through the window, they have probable cause to search your car and can legally do it. In some cases, it can be something as minor as the police believing they can smell illegal substances like marijuana in the car. 

The police tend to push their limits regarding probable cause. If they get evidence that they used to charge you with a crime by pushing boundaries, your criminal defense lawyer can use illegal search as a defense.

Also Read: Steps to Take After a Motorcycle Accident: A Victim’s Roadmap

Search Incident to an Arrest

Besides the probable cause exemption, the police can also search your vehicle after an arrest. For example, if you have a pending warrant and the police stop you after a tip-off or a chase, the ensuing search is considered reasonable. 

Protection against unlawful search is not a reason to be aggressive with the police; stating your rights calmly can help prevent the situation from escalating. Do not be confrontational if the officer insists on searching your car without your consent. The best action would be to call an attorney and document everything.