Your Fourth Amendment Rights and Vehicle Searches
The Fourth Amendment protects your right to be free from unreasonable searches by the government. That includes vehicle searches by police officers. But the law treats cars differently than homes.
Here’s what it means when a car is involved:
What the Fourth Amendment Protects
The Fourth Amendment says the government cannot search you or your property without a search warrant, unless an exception applies. In a vehicle, the law gives police more leeway in vehicle searches than in homes. This is because cars can move quickly and are often in public spaces.
Even so, you still have an expectation of privacy inside your motor vehicle. That means police still need a legal basis for the search. A reasonable search requires either your consent, a warrant, or a valid exception. If those rules are broken, it could become an illegal warrantless search.
How Car Searches Are Different From Home Searches
Car searches follow different rules. In general, police have more freedom when it comes to vehicles. This is because cars are mobile and often found on a public road.
Police can search your car without a warrant if there is probable cause to believe it holds illegal drugs, drug paraphernalia, or other illegal items. This is known as the automobile exception to the search warrant requirement.
Also, during a traffic stop, if an officer arrests you, they may perform a search incident to that arrest. But even then, the scope of the search must be limited to certain areas. If police search more than allowed, your lawyer can challenge the search as unlawful.
What Happens When a Car Is Towed or Impounded?
When a car is towed or impounded, it’s taken into police or city custody. What happens next depends on the reason for the tow and the rules in that area.
Let’s break down what may happen.
Reasons a Vehicle May Be Towed
- Parking violation: If your car is parked illegally or left in a no-parking zone.
- Traffic violation: Your car may be towed after a minor traffic violation or if you were stopped for breaking traffic law.
- Lack of valid registration: Police may tow your car if it doesn’t have a valid registration or plates.
- Arrest of the driver: If you’re arrested during a stop, the car may be taken to a storage facility.
- Safety concerns: If a car is blocking traffic or is unsafe, police may have it removed.
Where the Car Goes After Being Towed
Once towed, your vehicle is typically moved to a storage facility or impound lot managed by a private company or law enforcement agency. You can get it back, but you’ll need to pay fees and prove ownership. That may include showing ID and proof of valid registration.
If police officers decide to search the car after towing, they must follow strict rules. Whether the search is called an inventory search or part of a criminal case, it still must follow the law.
Can Police Legally Search a Towed Car?
Police can sometimes search a towed car, but only under certain conditions. These are often called inventory searches, but not all are legal.
Here’s how these searches work:
Inventory Searches After Towing
An inventory search is a type of vehicle search that happens after a tow. Police claim they do this to record items in the car and protect themselves from theft claims.
But not all inventory searches are legal. Officers must follow a set procedure for inventory searches. If they go beyond those limits or use it as a Search tool for evidence, that could lead to an illegal inventory search argument in court.
The search must be for logging property—not for looking for illegal drugs or evidence of a crime. If the intent is to search for evidence, that turns it into a criminal search and may require a search warrant.
Exceptions to the Warrant Requirement
There are a few times when police don’t need a warrant. These are called search warrant exceptions. Common ones include:
- Consent: You agreed to the search.
- Exigent circumstances: Something urgent, like risk of destruction of evidence.
- Search incident to arrest: If you’re arrested nearby.
Even in these cases, police can’t go beyond the limits of the exception. If they do, a criminal defense attorney can argue the search was unlawful.
Limits on Police Searches of Towed Vehicles
Not every search of a towed car is legal. There are strict limits that police must follow.
Here’s what matters most:
Police Must Follow Department Policy
Every law enforcement agency has its own rules for inventory searches. Police must stick to the written procedure for inventory searches. If they don’t, the search may be ruled invalid.
A search that doesn’t follow policy may be seen as an unlawful search, especially if it looks like police were using the tow to search for evidence. Courts don’t allow officers to use impounds as an excuse for arbitrary vehicle searches.
Scope of the Search Must Be Reasonable
The search must stay within a reasonable scope. For example, officers may list what’s visible in the cabin or trunk. But they cannot open locked containers without clear rules or a warrant.
Going beyond what’s allowed could make the inventory search invalid. Courts will ask whether the search of items was for safekeeping or for gathering proof in a case. If it’s the latter, your defense lawyer can fight it.
Evidence Found During Unlawful Searches May Be Suppressed
If the police find something during an illegal search, that evidence may be thrown out. This is called a motion to suppress. Courts will look at whether the search legal or whether it broke your constitutional rights.
When evidence is tossed out, the charges may fall apart. A good criminal defense attorney will know how to challenge the search and file the right motions. They can protect your rights and stop illegal evidence from being used against you.
What to Do If You Believe Your Car Was Illegally Searched
If you think police went too far after your car was towed, take action fast. You may be able to challenge the search and the charges tied to it.
Contact a Criminal Defense Lawyer Immediately
Talk to a skilled criminal defense lawyer right away. They’ll review the facts and decide if the police crossed the line. The sooner you call, the better your chances of fighting back.
An attorney will check for any broken rules or missing legal basis. If the officers didn’t follow proper search rules or used a tow as an excuse to search, your lawyer can build a defense.
File a Motion to Suppress Evidence
If the search violated your rights, your attorney can file a motion to suppress. This asks the court to throw out any evidence found during the unlawful search.
Winning this motion can weaken the case or even lead to a dismissal. Your defense team will focus on the facts, the search warrant requirement, and the lack of clear legal warrantless search justification.
Keep Records of the Tow and Police Interaction
Write down everything that happened. Include where your car was, why it was towed, and what the officers said or did. Try to get copies of the tow receipt, police report, and impound paperwork.
This will help your lawyer build your case. The more details you save, the stronger your illegal inventory search argument becomes.
FAQs
Police searches of vehicles are common in criminal cases. But many people don’t know their rights when a car gets towed or impounded. A big question we often hear is: Can police officers search a towed vehicle without a warrant?
