Question: Can the police search my car trunk if I'm stopped for a traffic violation?
Answer: Say you're cruising down the boulevard checking out the hotties when your car crosses over the double yellow line and you're pulled over by the police.
Traffic Citation Only
If you are issued only a traffic citation, the U.S. Supreme Court has held that the police can't search your car. [Knowles v. Iowa, 525 U.S. 113, (1998)] So, your trunk is off limits to them if you're only getting a ticket and not getting arrested. That's the short answer to your question. But there can be a bit more to it....
Consent
While in some states the officers can't ask for your consent to search your car without a founded suspicion that you were up to no good, in others they can. Even where they can, you don't have to consent. If you do consent to a full search of the car, they may search the entire car including closed containers (such as gym bags and briefcases), the glove box and the trunk. Your consent must be voluntary, but the officers need not advise you of your right to decline. [Schneckloth v. Bustamonte, 412 U.S. 218 (1973)] Most people submit to authority and consent, perhaps hoping the officer might say, "If you had something to hide, you wouldn't consent. Forget it, go home." Possible? Fat chance. If you're stupid enough to consent to a search of your car, it will be searched.
Search Incident to Arrest
If you have a suspended driver's license or your state authorizes an arrest for a traffic infraction, your car may then be searched incident to your arrest- but only the area within which you could grab a weapon or evidence. The Supreme Court created a specific rule for car searches incident to arrest. [New York v. Belton, 453 U.S. 454 (1981)] The rule permits the search of the entire passenger compartment, including closed containers (and in some states, even locked containers) that are within the passenger compartment following a custodial arrest (even if you are already removed from the vehicle and unable to grab anything from it). However, the police may not open and search the closed trunk, hood or other areas of the car that are not within the "grabbable" area on a "search incident" theory.
Inventory Searches
If you've been arrested, the car may be lawfully impounded and the entire car, including the trunk, may be searched during an inventory of its contents. The Supreme Court has recognized police authority to perform such searches without a warrant or probable cause, finding them reasonable and therefore lawful under the Fourth Amendment. [South Dakota v. Opperman, 428 U.S. 364 (1976)] Routine police inventories are justified to safeguard the owner's property, to protect the police against claims, and to ensure police safety. Inventory searches may not be used as an excuse to rummage around looking for evidence and must be based upon standardized procedures. [Florida v. Wells, 495 U.S. 1 (1990)]
Common Sense Tips in a Car Stop
Always keep your paperwork in order and readily available. Remove your papers from any plastic covers. Keep your hands visible on the steering wheel. Don't get out of your car unless directed to do so. Stay calm. Traffic stops are a dangerous part of law enforcement and experienced officers approach them with a heightened awareness. Following these tips makes the situation less stressful and may give you a chance at going on your way with merely a warning.
That's the overview, straight out of a chapter of Legal Muscle. While I hope you never find yourself in a car stop situation, knowing the boundaries of police authority and the scope of your rights is of immeasurable value to every American.
Answer: Say you're cruising down the boulevard checking out the hotties when your car crosses over the double yellow line and you're pulled over by the police.
Traffic Citation Only
If you are issued only a traffic citation, the U.S. Supreme Court has held that the police can't search your car. [Knowles v. Iowa, 525 U.S. 113, (1998)] So, your trunk is off limits to them if you're only getting a ticket and not getting arrested. That's the short answer to your question. But there can be a bit more to it....
Consent
While in some states the officers can't ask for your consent to search your car without a founded suspicion that you were up to no good, in others they can. Even where they can, you don't have to consent. If you do consent to a full search of the car, they may search the entire car including closed containers (such as gym bags and briefcases), the glove box and the trunk. Your consent must be voluntary, but the officers need not advise you of your right to decline. [Schneckloth v. Bustamonte, 412 U.S. 218 (1973)] Most people submit to authority and consent, perhaps hoping the officer might say, "If you had something to hide, you wouldn't consent. Forget it, go home." Possible? Fat chance. If you're stupid enough to consent to a search of your car, it will be searched.
Search Incident to Arrest
If you have a suspended driver's license or your state authorizes an arrest for a traffic infraction, your car may then be searched incident to your arrest- but only the area within which you could grab a weapon or evidence. The Supreme Court created a specific rule for car searches incident to arrest. [New York v. Belton, 453 U.S. 454 (1981)] The rule permits the search of the entire passenger compartment, including closed containers (and in some states, even locked containers) that are within the passenger compartment following a custodial arrest (even if you are already removed from the vehicle and unable to grab anything from it). However, the police may not open and search the closed trunk, hood or other areas of the car that are not within the "grabbable" area on a "search incident" theory.
Inventory Searches
If you've been arrested, the car may be lawfully impounded and the entire car, including the trunk, may be searched during an inventory of its contents. The Supreme Court has recognized police authority to perform such searches without a warrant or probable cause, finding them reasonable and therefore lawful under the Fourth Amendment. [South Dakota v. Opperman, 428 U.S. 364 (1976)] Routine police inventories are justified to safeguard the owner's property, to protect the police against claims, and to ensure police safety. Inventory searches may not be used as an excuse to rummage around looking for evidence and must be based upon standardized procedures. [Florida v. Wells, 495 U.S. 1 (1990)]
Common Sense Tips in a Car Stop
Always keep your paperwork in order and readily available. Remove your papers from any plastic covers. Keep your hands visible on the steering wheel. Don't get out of your car unless directed to do so. Stay calm. Traffic stops are a dangerous part of law enforcement and experienced officers approach them with a heightened awareness. Following these tips makes the situation less stressful and may give you a chance at going on your way with merely a warning.
That's the overview, straight out of a chapter of Legal Muscle. While I hope you never find yourself in a car stop situation, knowing the boundaries of police authority and the scope of your rights is of immeasurable value to every American.