When does a police officer have the right to search you or your car?

Question

in Canada?

now, on shows like "COPS" the police often ask 'do you mind if we search your car" and the civilian often feels as if it's less of a question and more of a statement, so they say "yes", even though they have drugs in the car.

to my knowledge (in america) an officer needs "reason to believe", but if someone declines an officer who asked to search their car, wouldn't that then be "reason to believe".

now, I'm assuming the law concerning this is similar in Canada as well, but is it the same? could you explain when an officer has the right to search you or your car?

Answer 1

I'm not sure if the law is the same in Canada - but I know that if the cop is asking you "can i search your car" - it means immediately that 1st) they don't have a search warrant and 2nd) they don't have probable cause to search your car - the only two things that give them the right to search your car without your permission. Well- them SEEING It through the windows gives them the right to as well. So, if they are asking, it means you can say no and they CANNOT search. And you saying no cannot be used by them as "probable cause".... so don't be afraid to say no. In fact, even if you don't have anything in your car- say no... teach them boundaries.

Be careful- they might trick you- like... if you say no- they might start asking you questions about "why no" "are you worried" ect ect... don't answer anything or you might give them probable cause. Ask if you're under arrest, and if not are you free to leave. Then leave cause they can't detain you or keep you for questioning without some sort of probable cause.

If the police are asking... you have the power to say no.

NOTE: to the first guy saying they can call in a K-9 unit.... THEY CANNOT CALL IN A K-9 UNIT! UNLESS THEY HAVE PROBABLE CAUSE! K-9 is considered searching your car. Actually- a case went all the way to the supreme court because this one guy was pulled over for a traffic violation- then this other cop driving by with a k-9 dog in his car stopped to talk to the other police office- nothing to do with the guy pulled over- but the dog started barking cause he smelled drugs in the guy's car - so they searched it and the guy got arrested. But then they ruled that the k-9 being there was unconstitutional because they didn't have probable cause. So they had to drop the charges.

NOTE: to the last guy... They CANNOT search your car at traffic stop. Same rules apply here too. They have no probable cause- just cause it's a traffic stop doesn't suddenly give them more power. They will ask- and you can say no. If they have probable cause... then they will search.

Answer 2

Not sure about Canada, but in the US during a traffic stop the police have the right to inspect all areas of the interior of the vehicle to make sure the person pulled over does not have any weapons in grabbing range.  Pulling someone over for a minor traffic violation DOES NOT give the right for the cops to look in the trunk, they need permission, a warrant or probable cause to do that.  Of course, if the cops do have probable cause, such as lets say, seeing drugs on the passenger seats then they can search the rest of the car.

Answer 3

They have a right to search your vehicle if they have probable cause (or reasonable suspicion) that you have either weapons, drugs, or other contraband in the vehicle.  Due to the fact that a car is a mobile vehicle, police do not have to have a warrant to search your car.  They can also search your vehicle if you are arrested on a charge or are held due to a warrant (search incident to arrest).

Answer 4

A Police Officer has the right to search your car when:

1) You give consent

2) Search incident to arrest

3) Probable cause to believe there is something in the car

4) Plain sight, plain smell and plain hearing doctrine....kind of goes with #3...if a cop sees something illegal they can search, if they smell something illegal they can search, if they hear something illegal they can search.

Answer 5

To D.S... Supreme court has ruled an officer can search the lungable areas of the passenger area of a car during a traffic stop.  Now, on to the questions.. If a cop asks, you can say no. Many people don't say no because 1. They have nothing to hide and dont mind 2. They have nothing to hide and do mind but it will help speed the process along 3. They are optimists, have something to hide, but believe the officer will somehow overlook the baggie under the seat.

A vehicle is considered differently than a home..as it is mobile. Probable cause rules are not as stringent.

So yes, if you say no, and there is no probable cause, the officer can search the lungable areas of the passenger or front of the car. They could not unlock things, nor could they search the trunk or the engine block

Answer 6

Well if you don't allow them they can call in a K-9 Unit to sniff around your vehicle and person and if it hits on something there is your probable cause.  I would rather let the officer search then take the chance of the dog jumping on my car and scratching it up.

Answer 7

Here in Canada;

1) If they have a search warrant

2) They can search withou warrant if they have reasonable grounds to belive there's evidence in the car and that it will either disapper or be destroyed

3) They can search without a warrant with the vehicle owner's consent

4) If they feel there's bodily harm about to or occuring in the car

5) They can search the car if the person is arrested in or around the car which is called search incident to arrest