Police officers are not allowed to search your car without an apparent reason. There are certain requirements that they adhere to. If they see something in plain sight, they’re able to look at that and can tell that a crime is being committed by seeing something on the seat or under the seat.
They may ask permission to search your car. If you tell them you would rather they did not, then they really need a warrant or they need some other justification for getting into the car. Sometimes when someone is arrested for driving under the influence, the car itself is going to be impounded.
An Inventory Search Can Be Conducted without Advance Permission If Your Vehicle Is Impounded after a DUI Arrest
The police will conduct an inventory search, and there may be questions arising as far as the legality of that and whether or not a true inventory search was done. This also depends on where the person is. If you are near the car and the officers are concerned for their safety, they may be able to search you for weapons if they’re concerned you may have a weapon.
They may be able to search the area within your reach so if you’re standing by the car, they may be able to search where you’re standing, but things change if you are handcuffed and put in the back of the police car.
They really don’t have any justification as far as safety concerns once you’re handcuffed in the back of the car. If you don’t consent and they’re not doing an inventory search, they should not be able to go through the car.
If the Police Search Your Car after You Are in Custody, It May Raise a Motion to Suppress Evidence for an Illegal Search
It’s not unusual for officers to search one’s car once the handcuffs are on. Sometimes when we get video, we’ll even see it, but there’s a question as to why they would be searching the car after you’ve been arrested. If it’s not an inventory search, then what is the justification for going through the car?
You’re no longer near it, and can’t access it, and if they find drugs or guns in the trunk, there can be a good motion to suppress for an illegal search.
The police won’t always do an inventory search. It depends on the police officers and it depends on the agency. Some police officers will park one’s car on the side of the road or park it legally on the surface street and then take you to the station. Other officers will call a tow truck and tow the car. Sometimes the police officers are in charge of doing an inventory search and sometimes they’re not, so we have to look at the specific facts of the case.
If the Police Are Conducting an Inventory Search, They May Search the Entire Vehicle
If they’re doing an inventory search, then they’re able to search the entire car. No area inside of the car is off-limits to an inventory search.
If they ask permission, then they can search wherever you give them consent to search. So if they say can we search the trunk, and you say yes, then they can search the trunk. If they only ask to search the passenger compartment of the car, then you give them permission for that, they would not be able to go into the trunk.
Items locked in the glove box or trunk are not in plain sight; however, when something illegal is within plain sight, they are able to investigate further.
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