What is the Fourth Amendment Automobile Exception?

If you are stopped while you are driving by a law enforcement officer, is that officer allowed to conduct a search of your vehicle? Generally speaking, the Fourth Amendment of the US Constitution requires the police or any other law enforcement party to obtain a valid search warrant, based on having probable cause, in order to lawfully conduct a search unless a specific exception applies. When it comes to searching your home or your work office, or your motor vehicle, you might assume that the same law applies to all of these places or spaces. However, there is actually something known as the “automobile exception” for vehicular searches that allows law enforcement officials to legally conduct warrantless searches of vehicles when they would not be able to search a person’s residence under the same circumstances.

What is the automobile exception and how does it apply to vehicle searches? Our Indianapolis criminal defense attorneys can explain this exception in more detail below, and we can speak with you today about building a strong defense based on a constitutional violation if you experienced a warrantless search in which no exception actually applied.

Origins of the Automobile Exception

The “automobile exception” is an exception to the Fourth Amendment requirement that law enforcement officials obtain a warrant in order to conduct a search. In short, the automobile exception says that the police can lawfully search a motor vehicle without a warrant if they have “probable cause” to believe that there is contraband in the vehicle.

The origins of this exception go back over one hundred years to the US Supreme Court case of Carroll v. United States (1925). In this case, the Court created the automobile exception, reasoning that a vehicle could simply leave the area before the police had time to obtain a warrant based on probable cause.

Reasonable Suspicion to Stop and Probable Cause to Search

In order for a vehicle stop and search to be lawful under the Fourth Amendment, a law enforcement officer who makes the stop must have reasonable suspicion to do so. Then, that law enforcement officer must have probable cause in order to conduct a search  —  they do not need a valid warrant. The definition of “probable cause” is not entirely clear cut, and court cases have allowed for interpretation of the phrase over time. If you do not believe the police actually had probable cause to conduct a search, your Fourth Amendment rights may have been violated and this may be a strong defense against any charges you are facing.

It is also essential for you to know that, if the police do not have probable cause to conduct a search, you can decline to consent to a search. Often, the police do not believe they have probable cause, they will ask you if they can search your vehicle. The Constitution allows you to say no, and you should say no. If you consent to a search, the search is lawful even if the police do not have probable cause.

Contact Our Indianapolis Criminal Defense Lawyers for Help Today 

If your vehicle was searched in a recent traffic stop and you believe the search may have violated your Fourth Amendment rights, it is essential to seek legal advice. If a Fourth Amendment violation did occur in a vehicle search that resulted in the seizure of evidence ultimately used against you for an arrest and subsequent charges, it may be possible to have those charges against you dropped. An experienced Indianapolis criminal defense lawyer at Rigney Law LLC can speak with you today to learn more about the circumstances surrounding the search of your vehicle and your arrest, and we can begin working with you on a defense strategy that may involve raising the issue of a constitutional violation. Contact our firm today to find out more about how we can assist you.

Sources: 

Carroll v. United States, 267 U.S. 132, 149 (1925)

supreme.justia.com/cases/federal/us/267/132/

constitution.congress.gov/constitution/amendment-4/