ABA Family Legal Guide

Automobiles

Your Automobile and the Police

The Search

Can the police legitimately search my vehicle without a warrant?

That depends on the circumstances. A key factor is whether you've been arrested. For example, the police usually would not have the right to search your automobile when you are stopped only for a minor traffic offense such as speeding. However, if the violation requires that you be taken into custody (for example, a driving under the influence (DUI) arrest or driving with a suspended license), the search generally would be permitted.

Even when an arrest is not involved, the police have more latitude to search a vehicle than to search a home. The U.S. Supreme Court recognizes an automobile exception to the Fourth Amendment's protection against warrantless searches. The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. The Court has held that a person expects less privacy in an automobile than at home. No one ever said, "A man's Chevy is his castle."