When can police search your car in Texas? This is a question that provokes a lot of opinions — and a lot of misinformation — and the answers aren’t as clear as we would like them to be. Even though you do have rights that protect you from unreasonable searches, defining what actually qualifies as “unreasonable” is open to interpretation.
In many cases, how an officer interprets your particular situation can make the difference between you heading on your way and you heading into a police station. So, in addition to understanding your rights during a traffic stop, you must also be able to determine what actions and situations could lead to a “reasonable” search of your vehicle. Let’s dig deeper into when the police can search your car with or without a warrant.
If you or a loved one has been subject to what you think may have been unreasonable search or seizure, call Thiessen Law Firm at (713) 864-9000 today to discuss your case and begin defending your rights.
Can you refuse a car search in Texas?
Do I have to let a cop search my car? You do not have to let police officers search your car in Texas. In fact, one of the most fundamental rights that you have when interacting with law enforcement is the Fourth Amendment protection from unreasonable search and seizure. If an officer asks if they may search your car, you always have a right to say no.
As you’ve probably gathered, however, this polite refusal generally won’t keep police officers from searching your car. There are a number of scenarios in which a police officer can search your car after you refuse to consent to one, which we will discuss below.
What to say when a cop asks to search your car?
If a law enforcement officer asks to search your car, you should politely but firmly decline to consent. We know that people are often nervous about what to do when pulled over, and are uncomfortable talking to police officers, so we’ve prepared a few phrases to help you. You can say any of the following:
- “I unfortunately cannot consent to a search of my vehicle.”
- “I’m sorry officer, but you cannot search my vehicle.”
- “I do not consent to any searches, or to being detained longer than is necessary to issue a citation.”
It is extremely important that you remain calm and respectful during your entire interaction with the police, as becoming angry or aggressive will escalate things and only serve to hurt your case.
Why you should never give consent to search, even if you have nothing to hide
If you’re pulled over, never make a police officer’s job easier. If you know your rights, this can help you out big time. These rights include your Fourth Amendment right, which protects you from unlawful searches and seizures. Unfortunately, there are still many people out there who don’t realize they have the right to say no to a vehicle search.
This being said, even if you don’t have anything to hide, don’t say yes. You never know who you’re dealing with, and you might be surprised what a search of your vehicle will “miraculously” turn up.
On another note, police officers can be manipulative and can phrase statements or questions in a way that may make you feel as if you don’t have a right to say no. Don’t let yourself be confused. Invoke your Fourth Amendment right and politely decline any search requests.
If they do end up searching your car, and you have clearly and repeatedly refused to give your consent, this can only work in your favor. However, this situation can also turn into a he-said-she-said ordeal. So as a friendly reminder, you’re allowed to record traffic stops.
Continue reading: What to do after a DWI arrest
What is probable cause to search a vehicle in Texas?
Probable cause is a subject that stirs up a lot of confusion. What gives a police officer probable cause to search your vehicle or make an arrest, and what is the difference between reasonable suspicion and probable cause?
- Reasonable suspicion comes before probable cause. Reasonable suspicion must be developed in order for an officer to stop you or pull you over, which occurs before they can even think about arresting you.
- Probable cause in Texas is the legal standard that must be met to actually search or arrest you. This probable cause for search or arrest must be based on facts or circumstances that would lead a reasonable person to conclude that a crime has been committed.
Because these definitions don’t illuminate the issue as much as they could, here are some examples of probable cause:
- The officers see with their own eyes evidence of a crime, such as drugs, weapons, or open containers inside the car.
- The officers smell drugs or alcohol in the car.
- The officers witness suspicious behavior, like attempting to hide something in the car, or behavior that leads them to believe that you are intoxicated (e.g. slurred speech, visible confusion or trouble balancing).
- A failed blood alcohol content test.
While law enforcement officers are held to a standard for establishing probable cause, the truth is that it will only be held under scrutiny once your case has reached a court of law. There’s no use fighting with an officer about whether or not they can smell something or see something — although it is worth telling your attorney about it.
When can police search your car without a warrant? Here are five examples
So although you can refuse, police officers will still continue to search your car if they have probable cause. What are some examples of situations in which the police can reasonably search your car?
1. You consent to a search
Let’s start with a clear-cut example of when the answer to the question, “When can a police officer search your car?” is yes. If you give the police officer consent to search your vehicle, then — obviously — the officer can legally search your vehicle. That’s how consent works. However, other than blatantly committing a crime in front of law enforcement, this is probably the very last thing we’d recommend doing. There’s rarely a good reason to consent to a search of your car.
2. There is clear evidence of something illegal
An officer doesn’t always require your consent or a warrant to search your vehicle. In fact, it’s considered perfectly legal to search your car without a warrant in many instances.
One of the instances in which a warrantless search can happen involves probable cause. Probable cause in Texas can look like a lot of things, but it should always be enough to support the assertion that you have broken the law. Some examples could include reckless driving, slurred speech, an open bottle of booze, or drug paraphernalia in clear view.
Any of these behaviors or issues can be viewed as sufficient, probable cause to search your vehicle.
Continue reading about the open container law in Texas
3. The police hear you talk about something illegal
If a cop overhears you and your friend talking about or hinting at something illegal, they can easily use that to obtain a search warrant. While this hearsay is inadmissible in court, if the search yields results, that’s more than enough for the cops to have what they need.
However, if an officer actually witnesses something they believe to be illegal, then they can automatically search your vehicle based on the visual evidence — no warrant needed. An example of this could be if a cop sees you exchange money with someone in a location that’s known to be a common site for drug deals.
4. Someone ratted you out
Sworn affidavits from other people can be used by police to obtain search warrants. If the police receive information from a source that they have identified as credible — for example, if a former drug dealer signs an affidavit identifying you as a customer to police — you can legally be pulled over and searched without question.
5. The police are concerned for their safety
If the officer pulls you over and they fear for their safety, then they can legally search your vehicle without a warrant. Without clear video evidence of the “safety concern,” however, there can be a lot more interpretation in the mix than usual. At this point, it could turn into a “he-said-she-said” situation, and finding an experienced lawyer should be your top priority.
What happens to evidence obtained through unlawful search?
If a police officer is not able to prove that they had the right to search your vehicle, then any evidence found will not be admissible in court. Evidence obtained as a result of an illegal traffic stop is also not admissible.
Remember, reasonable suspicion in Texas is required for an officer to legally pull you over (this can include signs of drinking and driving). Without reasonable suspicion, they had no right to pull you over… let alone search your car without a warrant. Although you’ll still need a damn good DWI attorney to prove it.
Did the police search your car without a warrant? Call Thiessen Law Firm to protect your rights.
So, when can police search your car? When they have a warrant, or probable cause, or really whenever they want to. Anyone who has had to deal with the police knows that officers don’t always obey their own rules.
Even if you do everything right, police may still find a bogus reason to search, which is why it is absolutely essential that you have a skilled Houston criminal defense lawyer on speed dial. The police officers aren’t going to help you, and neither will anyone working within the justice system; you need aggressive legal defense from Mark Thiessen and his team at Thiessen Law Firm.
Whether you’re facing a possession charge in Texas or are staring down a DWI first offenseand are wondering how to get a DWI off your record, Thiessen Law Firm is here to help. We don’t tolerate police misconduct and we fight tirelessly to preserve your rights to the fullest extent.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to set up a consultation and start building your defense.
More Helpful Articles by Thiessen Law Firm:
- What Happens When You Get a 3rd DWI in Texas?
- The Texas Legal Alcohol Limit for Driving: Everything You Need to Know
- DWI Probation in Texas: First-Time Offenses, Requirements, and Early Release
- SCRAM Bracelets & False Positives in Texas
- Is Resisting Arrest a Felony in Texas?
