Being pulled over on a traffic stop is often a confusing and disorienting experience. Although you may not initially know why you were pulled over, or disagree with the reason, it is important to follow the officer’s instructions and remain calm and polite.
However, what if the officer asks you to do something that takes you by surprise, such as step out of your vehicle so they can perform a search. Is this legal?
The answer depends on the situation. Searches without a warrant are generally illegal under the Indiana Constitution and the Fourth Amendment to the U.S. Constitution.
Automobile exception
However, there are exceptions to this general rule. One is called the automobile exception. This exception allows the police to perform a search of your vehicle if they have probable cause.
Probable cause means the officer has good cause to believe it contains evidence of a crime. Good cause can come from something the officer sees, smells or hears.
Examples of probable cause
A common example of probable cause is an officer pulling you over for a minor, unrelated traffic infraction, such as speeding, and smelling marijuana when you roll your window down.
Another example is an officer who sees a bag of drugs sitting on a seat or sees you quickly throw something on the floor when you see them approach. This could also create probable cause to search your vehicle.
Why the automobile exception exists
The rationale behind the automobile exception is that once the traffic stop is over, you can potentially drive somewhere and hide or destroy the evidence before the officer has time to secure a warrant.
This rationale means that the automobile exception might not apply if your vehicle cannot be moved. If you are involved in a car accident and your car cannot be driven away, probable cause for a search might not exist under the automobile exception.
Searches must be reasonable and fair
Searches conducted pursuant to the automobile exception must be reasonable. The police must restrict their search to areas where evidence of the crime they believe is occurring would be located. An example is seeing a gun and searching for additional firearms in very small areas where they could not possibly fit.
Additionally, Indiana courts use a test called the Litchfield test to decide if a search was fair. The test examines if the police had a good reason to perform a search of a vehicle, if the search was necessary and how much the search invaded the driver’s privacy.
Inventory exception
An inventory search is another exception. This type of search occurs when the police impound or tow your vehicle. Your vehicle could be impounded or towed if you are arrested and no one is available to pick up the vehicle or the vehicle is unsafe to drive.
The purpose of inventory search is to ensure there are no dangerous weapons in the vehicle, protect and secure any of your belongings that were left in the vehicle and prevent you from claiming that an item was stolen from your vehicle.
Inventory searches must follow protocol
Police officers must also follow certain rules when performing inventory searches. They typically cannot open private areas such as locked glove compartments or search through your personal belongings without following inventory procedures.
Knowing your rights in these situations is important because evidence seized during an illegal search may not be usable in court. Remember that the prosecution’s job is to prove you committed a crime beyond a reasonable doubt. This usually requires direct evidence. Therefore, sometimes no evidence means no case.