During investigations, the police have the authority to conduct a search of people’s private property, including their vehicles. However, most searches require a warrant based on probable cause. If there is no warrant, the police must claim at least one of several exceptions to the warrant rule, such as consent. If the police searched your car without consent or a warrant, you need to call a lawyer immediately.
Under federal law, warrantless car searches are allowed under a vehicle exception. However, the Pennsylvania Supreme Court ruled that the state constitution gives people greater protection than federal law, and vehicle searches must have a warrant or certain exigent circumstances to be legal. For example, the police may search your vehicle incident to an arrest or if there is a serious emergency that requires them to search right away. Even so, you should talk to your attorney about the search, as it might not have been legal.
Get a free, private case assessment by calling Kenny, Burns & McGill at (215) 423-5500 and talking to our Philadelphia criminal defense lawyers.
Why the Federal Automobile Exception to Warrantless Car Searches No Longer Applies in Pennsylvania
Under federal law, there are special exceptions for vehicles when the police conduct searches. The federal exception tends to allow warrantless vehicle searches if the police need to obtain evidence from the car before the car can be moved. The idea is that since cars are mobile, evidence may more easily disappear in the time it would take to get a warrant.
This federal rule does not apply in Pennsylvania. In the case of Commonwealth v. Alexander, the Pennsylvania Supreme Court ruled that Article 1, Section 8 of the Pennsylvania Constitution affords greater protections to drivers. Now, the police must have probable cause and exigent circumstances to conduct a search of your car without a warrant or consent.
In short, the police can search your vehicle without a search warrant or your consent, but they may do so only under very specific and limited circumstances. Our Pennsylvania criminal defense lawyers will make the authorities prove that their search was lawful.
Exigent Circumstances That May Allow the Police to Search a Car
Exigent circumstances that would allow the police in Pennsylvania to search your car without your consent or a warrant are somewhat uncommon, but they are still possible.
The most common exception is that the police need to search someone’s car for the safety of others. This might arise if the police believe someone inside the vehicle is in danger (e.g., stuffed in the trunk), or if someone has a dangerous weapon nearby that they plan to grab and use. Again, this example is somewhat extreme, but exigent circumstances are not meant to be very common or easy to claim.
Warrantless Vehicle Searches for Officer Safety
Other than exigent circumstances, the police can search your car without a warrant or your consent if they believe it is necessary to ensure officer safety. Traffic stops are a routine function of law enforcement, but not all drivers are cooperative. Many are openly hostile to the police, and the police may search their car to ensure their safety, under the right conditions.
The police should have probable cause to believe that their safety is at risk before searching a car. If a driver is rude or hostile to the police during a traffic stop, this alone might not be enough to justify a warrantless search on the grounds of officer safety.
If the driver makes threats of violence against the police, they might have a good enough reason to search the car, depending on what the driver actually said. Alternatively, they might run the driver’s license in their database and find they are wanted and considered dangerous.
Car Searches Incident to Arrest Without Consent or a Warrant
The police can also search a driver’s car incident to that driver’s arrest. This is a more common exception to the warrant rule and more often allows the police to conduct searches without warrants or consent.
If the police pull someone over and have a reason to arrest them, they can search the vehicle as part of the arrest. However, the police might not be allowed to search the entire car. Generally, a search incident to arrest is limited to the areas of the vehicle that are within immediate reach of the person being arrested.
For example, if the police pull over a driver and arrest them, they might search the front seat area and even the glove box if it is within the reach of the driver. However, the back seat and trunk might be off-limits, at least for now.
Police Searching Vehicles After Impoundment Without Consent or Warrants
The police can typically search a vehicle without obtaining a warrant or consent if the car is impounded. A car may be impounded for many reasons, including if the driver is arrested. This is sometimes referred to as an inventory search because the goal is to account for what is inside the car, not necessarily to find evidence of a crime.
If the police happen to find contraband or evidence of a crime, it may be legal and admissible in court.
What to Do if the Police Search Your Car Without Consent or a Warrant
If the police searched your vehicle and they did not have a warrant or your consent, you should call a lawyer for help as soon as possible. While the police might claim they had a special exception or that there were exigent circumstances, we should make them prove it. If they cannot prove it, the evidence might be illegal and inadmissible in court.
How and when the police can conduct searches is complicated, and it may be even more complicated when vehicles are involved. There is a good chance that the police made a mistake, and your attorney can help protect you.
Contact Our Pennsylvania Criminal Defense Lawyers for Legal Help Now
Get a free, private case assessment by calling Kenny, Burns & McGill at (215) 423-5500 and talking to our Bucks County, PA criminal defense lawyers.
