When Can Police Search Your Vehicle: Police can search a person's car without a warrant in a few different ways. A car is inherently mobile and can flee locations, with evidence, very quickly. Based on this inherent mobility, U.S. and Arizona courts have carved out exceptions to the warrant requirement. The Fourth Amendment protects Americans from unreasonable searches and seizures. Indeed, warrantless searches are presumptively unconstitutional and unreasonable. #vehiclesearch #warrantlesssearch #police

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However, probable cause is enough to justify law enforcement's warrantless search of a vehicle. Specifically, if an officer develops probable cause through plain view or smell into a vehicle (including a K9 sniff), a warrantless search is justified. This is the "automobile exception" to the warrant requirement. This exception allows law enforcement to search a vehicle in its entirety including small containers, the trunk and under the hood.

A second way law enforcement may search a car without a warrant is if a party with authority grants consent. A party with authority includes the owner or driver of the vehicle (apparent authority justifies consent, even if the granting party did not have actual authority to consent). It is never a good idea to consent to law enforcement searches or questioning. Indeed, if law enforcement does not have the probable cause to search, then it is not up to an American to provide that evidence. It is important to remember every citizen has the right against self-incrimination.

A third way enforcement may search a car without a warrant is through an arrest. First, a warrantless search is authorized "incident to arrest." This exception allows law enforcement to search a person's wingspan area upon arrest. This will include a vehicle if the person is arrested in or next to their vehicle. The rationale behind this exception is for officer safety purposes. Second, if a person is not arrested near their vehicle, law enforcement may still conduct an "administrative" or "inventory" search of the vehicle. Most law enforcement agencies have policies in place to tow a vehicle if the driver or owner is arrested. This warrantless search exception is justified through property protection as a the searching officer will log all items. This protects against theft or property damage allegations.

Warrantless searches of vehicles are justified due to vehicle mobility. Although law enforcement cannot randomly search a vehicle for no reason, they also do not need a warrant if probable cause exists. Probable cause could be the odor of alcohol or marijuana or it could be evidence observed in plain view.

In this video, Arizona's Top DUI and Criminal Defense Attorney, Jeremy L. Huss from Huss Law, PLLC, discusses the 3 Ways Police Can Search a Car Without a Warrant.

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