When Are Police Allowed to Search Your Car In Maryland?

Drivers are pulled over by the police every day. Whether you were speeding, ran a red light, or were texting and driving, a police officer can pull you over if they have reasonable suspicion. 

You may feel stressed and anxious after being pulled over by a police officer. These feelings may heighten if you are asked to step out of the vehicle to allow the officer to search your car.

You may wonder why the officer is searching your car. Can a police officer in Maryland search your car if they have a reason to?

The answer is yes. A police officer can legally search one’s car if they have probable cause. 

The Fourth Amendment protects drivers from unlawful vehicle searches without a valid reason for the search, warrant, the driver’s permission, and probable cause. If a police officer pulls you over and searches your vehicle without your permission, probable cause, or a search warrant, they are violating your right to the Fourth Amendment. 

A police officer has the legal right to search your vehicle if they have a warrant signed by a judge that authorizes the search. If a police officer shows an affidavit to a judicial officer, a judge can issue a search warrant. From here, a police officer can search a vehicle. 

If your vehicle is searched due to an issued warrant, the warrant must describe exactly what is being searched for. There must be sufficient details in the warrant and label the items that will be seized. If you were illegally searched, contact an experienced Maryland criminal defense attorney today. 

What does Legitimate Expectation of Privacy mean?

The Fourth Amendment protects one from an unlawful search and seizure of a vehicle. With this right comes a legitimate expectation of privacy.

If you are pulled over by a cop and they ask to search your vehicle, you may wonder what the reason is. A police officer can legally search your vehicle if they see a dangerous or illegal item in plain sight. 

You may believe that this is a violation of your privacy, but it is not. Any dangerous or illegal; item that an officer sees in the vehicle while being lawfully present can give them the ability to search the car.

Can a police officer perform a warrantless search in Maryland?

A police officer can search your vehicle under four circumstances:

The driver gave the police officer their consent to search the vehicle.

The police officer has probable cause and believes that there could be evidence of a crime in the vehicle.

The police officer believes that searching the vehicle is necessary as there may be a dangerous item in the car.

The driver has been arrested in the past and the search has a relation to the arrest.

If a police officer believes that they have probable cause, are in danger, or have your consent, they are legally allowed to search the vehicle. Typically, a police officer pulling a driver over for going a few miles over the speed limit will not be asked for their permission to search the vehicle. 

Can the police search an impounded car in Maryland?

Yes, if the police have towed and impounded your vehicle, they have the right to search the car. The police have the right to choose the extent to which they search the vehicle if it is impounded. 

During the search of an impounded vehicle, the police will most likely search small compartments and boxes that open. The police do not need a particular reason to search the impounded car.

An impounded vehicle can be searched for anything as simple as a violation of driving laws or a parking violation or as serious as theft or use of weapons. 

Although the police have the right to search an impounded car, they are not able to tow an impounded car to another location to search. 

Contact us today!

There have been incidents in which police make up a reason to search your vehicle without a true probable cause. They may do this to search your vehicle to receive evidence against you.

If you were arrested due to an unlawful search without probable cause, you will probably be frustrated and confused. You also may not be aware that what has occurred is a violation of your human rights.

If you experience an unlawful search, get professional help to assist with building a case. 

A police search can happen anywhere and at any time. An officer may believe that they have probable cause, but you may believe that they are violating your right to the fourth amendment. If you or a loved one are unlawfully searched, contact an experienced Baltimore criminal defense attorney today to receive professional help and to build a case!