If police searched your vehicle during a traffic stop and located evidence of a crime, you might wonder whether this was a legal search and if law enforcement officers can use this evidence against you. The legality of this type of search may depend on whether the automobile exception applies. An experienced attorney can review your case, explain whether this exception for searches applies to your case, and which defenses we may be able to raise on your behalf. Call Spring & Spring for a confidential case review.
The Fourth Amendment to the United States Constitution states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This language signifies that people should not be subject to unreasonable searches and seizures. Additionally, law enforcement officers are generally required to obtain a search warrant before they are allowed to search a person or seize evidence to use against them. To obtain a search warrant, they must have probable cause.
The automobile exception works outside the confines of the Fourth Amendment, often allowing law enforcement officers to search motor vehicles and seize evidence to use against a vehicle occupant in a criminal trial.
The Federal and Massachusetts Constitutions typically prohibit police officers from searching private locations without first obtaining a warrant. The warrant requirement, however, does not generally apply to automobiles. The United States Supreme Court and the Massachusetts Supreme Judicial Court have ruled that when the police have probable cause to believe contraband or evidence of a crime will be found in a car that is in a public place, they may search the car without a warrant. These warrantless searches are justified for two reasons. First, motor vehicles are inherently mobile. Therefore, if the police were forced to wait for a warrant to search, there would be a substantial risk that the evidence or contraband would be moved. Second, we all have a reduced expectation of privacy in the items we keep in our cars (as opposed to items we keep in our homes or offices, for example) because our cars are subject to considerable governmental regulations.
It is crucial that you understand when this exception to warranted searches applies. Here is what you need to know about this important issue:
When searches of automobiles yield evidence that could be used against you at trial, you need an experienced lawyer who can investigate whether the legality of the search can be challenged.
For police officers to conduct a legal search of a vehicle, the following must be true:
Probable cause is the legal standard a law enforcement officer must have before they can legally conduct a search of a vehicle. To meet this requirement, the law enforcement officer must have a reasonable belief based on particular facts and circumstances that a crime has been committed, is being committed, or is about to be committed. This belief must be based on the totality of the circumstances and grounded in facts, observations, or information rather than a law enforcement officer’s hunch or subjective opinion.
Courts use an objective standard when determining whether a law enforcement officer had probable cause. In other words, would another person in the officer’s position have reached the same conclusion?
Various factors and evidence can support probable cause arguments, including:
You might wonder whether police are permitted to conduct a delayed search. For example, police may have arrested you, taken your vehicle to impound, and then searched it. It would stand to reason that such searches could be considered outside the scope of the automobile exception since the vehicle is no longer in the suspect’s possession and there is not an emergency situation.
However, courts have consistently held delayed searches to be constitutional if probable cause persists after the vehicle was impounded and the search is reasonable. However, if the vehicle is in the possession of law enforcement, courts might consider whether they should have obtained a warrant. When determining whether a delayed search is constitutional, courts consider the length of the delay, the reason for the delay, and the threat to public safety.
The rule is that law enforcement must generally have a search warrant before conducting a search. However, there are exceptions. In addition to the automobile exception, other exceptions include:
If you were the subject of a warrantless vehicle search, you should seek legal assistance to determine if your rights were violated and if you can challenge the evidence against you.
Under the automobile exception, the police may search a car only if there is probable cause to believe contraband or evidence of a crime will be discovered. Therefore, the police must generally know the types of objects that are the subject of the search, and officers may only search those areas of the car that could conceivably hold the evidence or the contraband. For example, if the cops have probable cause to believe there is a gun in a car, they can search the passenger compartment, under the seats, and inside the glove compartment, since the gun could be hidden in any of those places. If the police find a prescription pill bottle inside of the car, the officers cannot open the bottle under the automobile exception because there is no possibility that a gun could be located therein.
The standards of probable cause and emergency circumstances must exist to permit a warrantless search of a car. Courts prefer evidence to be secured after they have issued warrants, which ensures the greatest privacy protection to the accused and the safety of the law enforcement officer conducting the search. As a result, warrantless searches are subject to close scrutiny by the courts.
Even though the automobile exception greatly expands the right of law enforcement to conduct warrantless searches, this right is not absolute. Law enforcement must have probable cause before conducting a search and must be able to show why obtaining a warrant was not feasible under the particular circumstances. Additionally, the officer’s ability to seize certain evidence or access certain parts of the vehicle may be legally restricted.
For example, the U.S. Supreme Court upheld that a lock box or other container in a vehicle could not be searched without a warrant unless there was separate probable cause to believe contraband was held in the item. Courts have split decisions about whether law enforcement could seize a cell phone found in a vehicle or whether that would require a warrant. These decisions shape law enforcement and courts’ interpretations about whether their acts were legal.
If police conducted a search without probable cause or went beyond the scope of the permitted search, it may be possible to file a motion to suppress such evidence. The exclusionary rule holds that if a search is found to be unreasonable, any evidence obtained in that search could be excluded. Your criminal defense attorney could argue that the search violated your constitutional rights and ask the court to suppress the evidence so it could not be used against you in a criminal trial.
If the motion is successful, the court could rule that the evidence could not be presented against you. Without this evidence, there may be insufficient evidence for the prosecutor to continue with the case, which could lead to a dismissal of the criminal charges against you.
Cases involving warrantless or unlawful searches may give rise to constitutional rights violation arguments. Even if the evidence obtained against you was in a vehicle, this does not necessarily mean that law enforcement conducted a legal search. Our skilled attorneys have extensive experience making challenges to law enforcement actions that violate our clients’ rights.
We can help determine whether the automobile exception applies, whether the evidence can be suppressed, and what other options you have after carefully reviewing your situation. Call Spring & Spring today or contact us online for a confidential consultation.