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ABA Family Legal Guide

Automobiles

Your Automobile and the Police

The Search

Suppose a police officer wants to search my car?

Ask why the officer wants to conduct a search. If you have absolutely nothing to hide, you could save time and effort if you simply let the search proceed. If you don't want the search to proceed, you should state clearly that you do not consent. Denying a search is not an admission of guilt. Ask courteously whether the officer has a search warrant or if you are under arrest. If the officer replies that you are under arrest, ask for an explanation.

Usually, the officer is permitted to conduct the search only if

  • you consent; or
  • the officer has probable cause to believe that the vehicle contains incriminating evidence; or
  • the officer reasonably believes that he must search the vehicle for his or her own protection.
  • American Bar Association Family Legal Guide
    Copyright © 2004 American Bar Association
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