Does a police officer have to have probable cause to search me or my vehicle?

Question

Or can they search me for no reason? When they ask do I have the legal right to refuse? And if I do what happens next.

Here in Virginia the police think their the ghestopo.

Answer 1

You can refuse but then they can call the drug dogs out to sniff around your car and if they find something you are in even worse trouble.  If you have nothing to hide don't waste your time, let them search, they are going to do it one way or the other.

Answer 2

This is a question regarding the 4th ammendment.  Under the constitution, we as citizens are protected from the government and agents of the government from making unjustified and unreasonable searches and seizures.  

You're asking about probable cause when you really want to know the basics for the 4th ammendment.  Probable cause is simply a reasonable grounds to believe that there is a crime that has been committed and that you have committed the crime.  This belief is usually based upon certain sensed indications (smell, touch, sound, sight...not so much taste).  Unless the Officers first have probable cause to search then under the 4th ammendment the police do NOT have the right to search. If no probable cause is present before a search is made, then anything found to incriminate the violator is dissmissed in court.

Lets talk about searchs for a second.  A search deals with an intrusion into one's reasonable expectation to privacy.  An officer standing outside a vehicle looking into a car is not a search because there is no legally recognized expectation to privacy.  However, if the officer was to go into the car, and open the glove compartment, where there is a reasonable expectation to privacy, then that is an illegal search.

For a person, PAT DOWNS as they're known actually are NOT an intrusion into one's reasonable expectation to privacy.  A pat down consists of an outer clothing search (visually and physically) for officer safety to determine that the suspect is not armed or posses a threat to the officer, public, or self.  If the Officer was to feel what he may think is a weapon of contraband, he now has probable cause to do a warrantless 4th ammendment search into the area where the item in question was felt.  

There are 8 well established exceptions to the warrant requirement for searches.  Those include:

Protective frisks and sweeps (pat downs)

Searches incident to arrest

Vehicles drivable and on public property (requires probable cause)

Plain view of contraband

open areas that are outside the curtilage of a household

abandoned property outside curtilage of a household

exigent circumstances

and consent.

If your rights have been violated, then under the EXCLUSIONARY RULE the evidence is not admitted in court.

AS FOR YOUR SECOND QUESTION:

you DO have the legal right to refuse.  If the officer has probable cause, they will usually make an arrest and search incident to arrest.  The vehicle exception stems from the Carroll doctrine, and requires that probable cause be made prior to  search.  Otherwise, the vehicle exception does not apply.  And if no probable cause has been made for an arrest, then you are told that you're free to go, and can leave.

Answer 3

Technically no.  But instead of outright refusing, ask the officer what specifically is he looking for and what his probable cause is.  If he gives a reason like there was a crime with a car description like yours, go ahead and comply.  If he is too general, or does not answer, ask that his field Sargent come by the scene.  He may say that he is unavailable (without checking) or say that it would take a half hour and your reply is that you can wait.  If he makes some statement about you having to go see him but first he has to search you, politely refuse and tell him to escort you.  Do not accept a statement that you can take it up later.  Chances are he would have given up way before you get to this point.  

What you are really doing is delaying the officer and potentially making him look bad in front of his boss.  The officer cannot make his quota if he is still talking to you.

Answer 4

You can refuse the search they will than bring a dog to sniff around your vehichle

Answer 5

Probable cause has a gaping loophole. If they see you swerving once, probable cause; not using your blinker, probable cause; sometimes refusing access to your car or person is probable cause. You do have the right to refuse...but they have the right to hold you at the location until they can get an order to search the car. The general idea is: if you have nothing to hide, you would let them search....so if you don't let them search, you must have something to hide. Wrong, I know; but that is how most police officers I know view it.

Answer 6

If a cop wants to do it he will do it. He will find probable cause in one way or another. if you tell them no they cant search a vehicle, they must have a warrent. But doing so will only make the cop mad and make it worse on you. Sometimes they cop will ask to search the car. Do not tell them no! If you do they will know you are hading something and it will only delay them of doing their job and make you have to wait as well. If a cop wants to do something let them. You can always have the lawyers sort it out later.

Answer 7

Articulable suspicion gives the ghestopo, I prefer the SS, a wide variety of loopholes to pursue. Dependent on state law, this dictates the definition of probable cause. Yes some of the Law Enforcement agencies in our not so free land acts like the SS and thinks nothing of it. I would contribute this most of the time to the age of the officers coming out of the academy.

Answer 8

yes they do without that they cant search nothing

Answer 9

They have to have a warrant or probable cause. Like the first user said, they can make anything seem like probable cause. They can say that they smelled pot smoke when they pulled you over.

However, as learned on America's Dumbest Criminals, don't say yes if you have something worth finding. Because they will find it.

Answer 10

You can refuse but if they are suspicious enough they will just call the K-9 unit to walk your vehicle and if the dog alerts on anything,they then have probable cause and don't need permission.It's like that in all 50 states.