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Can police search your vehicle without a warrant?

On Behalf of | May 12, 2023 | Blog, Criminal Defense |

Getting pulled over is a high-stress event. Having a solid understanding of what police can and can not do helps you recognize when something is not right.

There are certain situations in which police can search your vehicle without a warrant in Virginia.

Understanding your legal rights

The fourth amendment protects you from being unreasonably searched by the police. However, some exceptions may allow law enforcement to legally search your car without a warrant even if you do not consent to them performing a search.

An especially important exception you should remember is that police can search your car without a warrant if they have probable cause. Having probable cause means the police can reasonably assume criminal activity is occurring. Examples include smelling or seeing an illegal substance from outside of the car.

What to do if the police pull you over

If you find yourself pulled over by the police you should keep a few things in mind. Firstly, you should comply with instructions given to you, such as showing the officer your license when asked and signing a ticket if necessary. However, you need not incriminate yourself by admitting guilt or consenting to the police searching your vehicle. You can say that you wish to remain silent when questioned.

If police ask to search your vehicle it is generally advisable to say no. While they may search it anyways, this may help you later in court. Remain as calm as possible and do not fight with the officer even if you feel your rights are being infringed on. It is better to challenge the situation later in court than escalate the situation with the police.