The U.S. Constitution protects people from being the target of unreasonable searches and seizures, including when they’re behind the wheel of a motor vehicle.
However, under certain exceptions, police can search your car during a stop in Maryland.
Here’s what you need to know, and why it’s so important to get help from an experienced criminal defense attorney.
What Does the Fourth Amendment Mean for Vehicle Searches in Maryland?
Under the Fourth Amendment to the U.S. Constitution, police officers must have probable cause before conducting a search. Probable cause exists when an officer possesses facts that would be sufficient for a reasonable person to believe that a given suspect has evidence that a crime has been committed.
As a general rule, an officer must then apply for a search warrant from a judge, who will determine if the officer meets that standard.
However, courts have held that an officer can search a car without a warrant provided that the vehicle is “readily mobile” and the officer has probable cause to believe the vehicle contains evidence or contraband.
When Can Police Search Your Car Without a Warrant?
The law permits police to search your vehicle without a warrant during a traffic stop under various circumstances, including the following:
Consent Searches
Police may lawfully search your vehicle if you consent to a search. The police do not need anything more than a hunch or mere suspicion to search your vehicle if you agree to it.
Probable Cause & Plain View
Courts have ruled that police may conduct a warrantless search of a vehicle during a traffic stop when they learn of specific facts that give them probable cause to believe the car contains evidence of a crime.
For example, police may bring a canine that alerts to the presence of narcotics.
The police may also search your vehicle if they see contraband in plain view through the windows while walking up to your car or while talking with you. For example, police may have probable cause to search your vehicle if they observe what looks like illegal drugs on the passenger seat.
Search Incident to Arrest
The police may validly conduct a visual search of your vehicle during your arrest to secure any weapons and prevent the destruction of evidence.
Inventory Searches
After the police arrest you, they may impound your vehicle. The law allows the police to conduct an “inventory search” of impounded vehicles to document their contents in case the owner later claims that items went missing.
What Should You Say if Police Ask to Search Your Car
You should always politely decline to let the police search your car during a traffic stop if they ask for your consent. You do not have to help the police’s investigation by permitting them to search your vehicle.
What to Do If Your Car Is Searched Illegally by Police
Do not attempt to interfere with a police search, as doing so may constitute a crime.
Instead, you should document their search, as you may have grounds to file a motion to exclude illegally obtained evidence should it lead to your arrest and prosecution.
When to Reach Out to a Baltimore Criminal Defense Attorney
Do you believe you were subjected to an illegal car search by police?
If they broke the law while doing so, they shouldn’t be able to use any evidence they obtained that way against you. A knowledgeable criminal defense attorney can assess your situation and explain your legal options.
Contact Greenberg Law Offices today for your free, fully confidential case evaluation.
