Can A Cop Search Your Car Without a Warrant in South Carolina?

The Fourth Amendment protects all people from unreasonable searches and seizures. If the police want to conduct a search of your property, they need a search warrant backed up by probable cause. However, there are situations where an officer may search your car without a warrant.

A common question is “Can a cop search your car without a warrant?” Call William G. Yarborough, Attorney at Law, to discuss your case, including any warrantless search. Our firm can defend you against charges and challenge the introduction of evidence if the police failed to follow the Constitution. Reach out to speak with our Greenville, South Carolina, criminal defense lawyer.

Can the Police Search Your Car Without a Warrant?

Yes, there are limited situations where an officer may search a vehicle even though the officer does not have a warrant:

1. The Driver Consents

Officers typically ask first if they can search the vehicle. Your voluntary consent is valid, which means the police can introduce any evidence they find while performing the search.

If you do not own the car, then the owner might also give consent to a search. For example, you might be driving your cousin’s vehicle, and she is riding in the passenger’s seat. If she agrees to the search, then the police may search the vehicle because she owns it.

We strongly encourage motorists to avoid consenting to a search, even if they are confident there are no drugs or other contraband in the vehicle. Make the police get a search warrant.

2. Criminal Evidence is in Plain View

An officer can usually seize evidence if it is in “plain view.” A classic example is an officer who stops you for speeding and then sees a bag of cocaine on the dashboard or in the passenger’s seat.

This doctrine has several elements:

• The officer must be legally in the location where they view the item. As an example, a cop couldn’t break into your vehicle and then claim drugs were in “plain view” because they saw them on the dashboard. However, an officer has a legal right to stand outside your car and shine a light inside.
• The incriminating nature of the contraband must be obvious. Seeing an envelope in the passenger’s seat is not sufficiently incriminating to let an officer seize the item. But a bag of what looks like marijuana would be.
• Third, the officer must have the legal right to access the object. This means they can enter the car to seize the item.

The plain view doctrine is a limited exception to the warrant requirement. If the police see drugs in a car with a driver, then they have probable cause to make an arrest.

3. The Automobile Exception

This is a big exception. In 1925, the Supreme Court decided that officers may conduct a warrantless search if they have probable cause that evidence of a crime is present. The Court reasoned that vehicles are mobile, so it wasn’t practical to force officers to take time to get a warrant from a judge. The evidence could disappear at that point.

Probable cause can be based on statements, smells, or other evidence. For example, an officer might smell marijuana in a vehicle and see a person stuff something in their pocket. This cumulative evidence might be enough to support a warrantless search.

However, the officers must have probable cause. They aren’t allowed to search any vehicle they stop.

4. Search Incident to a Lawful Arrest

If you are arrested, then the police might be able to search the passenger compartment. This is a common situation where people are arrested for DUI or another crime while driving.

Officers can search during a lawful arrest if they believe the arrestee could access the compartment to obtain a weapon or destroy evidence. An officer may also search if they have probable cause to believe there is evidence of a crime concealed in the car.

5. Inventory Searches of Impounded Vehicles

The police can perform an inventory search of an impounded vehicle. Technically, this is not a search. The police are simply trying to inventory everything in the car to protect the owner.

However, while following standard procedures, the police might come across concealed evidence of a crime. Imagine they come across a baggie of heroin while going through the glove compartment box, or they find a gun under the passenger’s seat. If the police come across evidence, they may seize it, and it could show up in a criminal prosecution.

Was Your Search Legal?

Answering the question “Can cops search your car without a warrant?” is only the start of the analysis. We might discover the police lacked probable cause or any other legal justification. When that happens, your lawyer can ask the judge to suppress the evidence.

Some criminal prosecutions fall apart when evidence is suppressed. If the police can’t introduce drugs, then they cannot get a conviction for drug possession.

Remember to discuss any search with your attorney. Truthfully discuss whether you gave consent for a search and what you said, if anything. Police sometimes blunder in and begin riffling through items without any probable cause.

We can also talk to witnesses to back up your version of what happened. A passenger might testify that nobody gave consent to search the car, even though the police report mentions the owner gave consent. Witnesses can testify if we bring a motion to suppress evidence. The judge will have to decide if the police had a valid reason to search the car.

Speak with a Seasoned Criminal Defense Attorney in Greenville, South Carolina

Attorney Yarborough has more than 30 years of experience in criminal law. He has defended clients accused of many different offenses, including drug crimes, DUI, and violent crimes. Call our office to schedule an appointment. We can meet to discuss the charges you face, as well as the circumstances surrounding the arrest.

We have deep experience with clients in the 29609 zip code and nearby areas.