Traffic stops: When may an officer search a vehicle? : Exhibit A Baltimore

Traffic stops: When may an officer search a vehicle?

April 25, 2008

An officer may search a vehicle under the following circumstances:
(1) If the officer has a search warrant, he or she may search anywhere in the vehicle that it is reasonable to find evidence or instrumentalities of a crime that are named in the warrant.
(2) If the officer does not have a search warrant but has probable cause to believe that fruits, evidence, or instrumentalities of a crime are in the vehicle, the officer may search anywhere in it that it is reasonable to find those items.
(3) If the officer validly arrests the driver or passenger, the officer may search the entire interior of the vehicle for evidence and weapons, but may not search the trunk.
(4) If the officer has articulable reasonable suspicion that the driver or passenger is armed and dangerous, the officer may search the interior for weapons, but not the trunk.
(5) If the driver consents to a search of the vehicle, the officer may search it. Frequently, the officer will say, “Sir, do you have any drugs or weapons in your vehicle?” Driver answers, “No.” Officer says, “Good, because you don’t have any drugs or weapons in this vehicle, you don’t mind if I search, do you?” Driver says, “No.” Officer finds drugs or weapons.

Under what circumstances may an officer search a driver or passenger?

An officer may search a driver or passenger if that individual has been validly arrested pursuant to (1) an arrest warrant, (2) probable cause to believe that a felony is being committed or was committed in the past; or (3) probable cause to believe that a misdemeanor is being committed in the officer’s presence.

What discretion does an officer have regarding citations and arrests?

An officer may not issue a citation or make an arrest unless there is probable cause. However, even when there is probable cause, the officer has tremendous discretion regarding whether to issue a citation, to make an arrest, or to do nothing.

Source: Byron L. Warnken practices at Warnken, LLC, Attorneys-at-Law, in Towson. He is a professor at the University of Baltimore School of Law. Warnken can be contacted at Byron.Warnken at warnkenlaw.com.