Our Supreme Court has ruled on a number of cases involving Fourth Amendment rights and warrantless searches dealing with cars. In the most general of summary, an officer can conduct a search if he or she has probable cause to do so. This is a very short legal guide about a very complex area of law.
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Probable Cause
The Fourth Amendment of the Constitution, as it is generally understood, protects you from unreasonable search and seizure. You are presumed to be in possession of anything found in his car. This is federal law and does not vary from state to state.
There may be something in your behavior, the way you are acting, your physical appearance in how you are handling yourself, or the physical appearance of your car that would prompt an officer to search.
Our Fourth Amendment says....
"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."
Our Supreme Court has ruled on a number of cases involving Fourth Amendment rights and warrantless searches dealing with cars.
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Passenger Belongings / Evidence of Crime
An important case that addresses the probable cause of a car search is Wyoming v. Houghton. It was decided about a decade ago. In Wyoming v. Houghton, 526 U.S. 295 (1999) Justice Scalia wrote for the court and ruled that if an officer has probable cause to search your car, he or she can also inspect and search a passengers' belongings.
But, just the year before the high court ruled that issuing you a traffic citation for turning illegally at a red light does not give an officer probable cause to search you or your car. Traffic violations are not inherently connected to any other criminal activity. Knowles v. Iowa, 525 U.S. 113 (1998).
In the recent United States Supreme Court case of Arizona v. Gant, (___ U.S. ___ 2009) police officers cannot search the vehicle if you had not been inside when arrested. Gant does not apply, however, when the police are reasonably searching for evidence of a crime, such as if the driver and passengers were arrested for giving false information.
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Conclusion
As you can see each situation is very fact specific. You will want to consult a skilled criminal defense lawyer in your locale. Do not give automatic consent to any search. Seek advice of counsel.
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