Crime & Traffic

Most people who drive have been pulled over by the police at one point or another. But that does not mean that it is an easy experience. 

One reason traffic stops are so stressful is that many drivers do not know when the police may be able to search their cars. This post will introduce a few legal concepts to help clear up some of this confusion. If you know your rights, and how to use them, you can avoid some of this stress and uncertainty. 

Police don’t need a warrant to search your car

The Fourth Amendment to the US Constitution prohibits “unreasonable searches and seizures.” This usually means that the police have to get a warrant before searching someone’s property. In order to get a search warrant, the police must prove that they have “probable cause.” This means they have to show a judge that it is reasonable to believe a person has committed Includes juveniles in placement in the facility as part of a court order. a crime, or will commit one. They also have to show that evidence Anything used to show that something is true is likely to be found in the place mentioned in the warrant.

However, there are different rules when it comes to cars and traffic stops. The police do not need a warrant to search a car if they have probable cause that evidence will be found inside the vehicle. A warrant is not required if it would not be practical to obtain one without jeopardizing possible evidence that could be removed if the person drives away. This is known as the "automobile exception."

Learn more about when the police can search your home or car. 

Traffic stops must not take an unreasonable amount of time

A typical traffic stop will begin with the officer asking you for your license and registration. Next, the officer is likely to tell you the reason for the stop. This is the extent of an officer’s mission during a regular traffic stop – deciding whether to issue a traffic ticket and checking the driver’s license and proof of insurance. If the officer takes more time than is reasonably required to address the matter for which the stop was made, it might be a violation of your rights. See People v. Paddy, 87 N.E.3d 1054 (Ill. App. Ct. 2017). For example, if you are pulled over for speeding, there is no reason for the police to conduct a full search of the car unless they believe that you are intoxicated or have committed some other crime. 

If the police officer does not tell you the reason for the stop, then you have a right to ask the officer why you were stopped and whether you are free to leave. If the officer says that you are not free to leave, you are likely being issued a traffic ticket or under arrest. 

Use your right to remain silent, and refuse search requests

The Fifth Amendment protects your right against “self-incrimination.” You have a right to remain silent during any questioning by law enforcement officers. We strongly suggest that you use this right when dealing with law enforcement officers, whether they are local, state, or federal officers. You also have a right to have a lawyer Someone who represents clients in courts or who gives legal advice present during any questioning by law enforcement, and we strongly suggest that you use this right as well. Lawyers know how to protect your best interest when dealing with law enforcement officers. Please assert your right to remain silent and to have an attorney present to the law enforcement officer that you encounter. "An individual seeking to invoke the protections of the Fifth Amendment ‘must assert the privilege rather than answer A written statement used to respond to the complaint or petition in a lawsuit if he desires not to incriminate himself’..." U.S. v.  Swanson, 635 F.3d 995 (7th Cir. 2011).

If you are under arrest, you should invoke your rights by clearly stating “I will not talk, I want my lawyer.” Even if you are not under arrest, it is always important to clearly state that you do not consent When someone gives permission for someone else to do something to any searches. The Fourth Amendment protects your right to refuse to consent to a search. But it does not require the police to inform you of that right. See Schneckloth v. Bustamonte, 412 U.S. 218, 231–33 (1973); Ohio v. Robinette, 519 U.S. 33 (1996); United States v. Drayton, 536 U.S. 194, 207 (2002). Refusing a search request does not mean you are admitting guilt. But police will often try to get consent by misleading people or trying to convince them to prove their innocence by consenting to the search.

Even without getting consent, police officers can search a car if they have probable cause to believe that the car contains evidence of criminal activity. See United States v. Ross, 456 U.S. 798, 820–821 (1982). Police can also search a car if the driver or passenger is arrested, as long as they could reasonably expect to find evidence inside the car. They can also search if the person being arrested could have accessed the car to retrieve weapons or evidence at the time of the search. See Arizona v. Gant, 556 U.S. 332, 335 (2009).

As mentioned above, all searches must be limited to areas that reasonably could contain the items that the officer expects to find. For example, if you receive a minor A person under 18 years old traffic ticket, such as driving with a dimmed headlight, there is no reason for the police to search the trunk of your car. See Arizona v. Gant, 556 U.S. 343-344 (2009)The only evidence the police need is the fact that your headlight was dimmed. However, if drugs, alcohol, or other illegal items are in the car in plain sight, the police can do a full search regardless of the reason for the original stop. See Texas v. Brown, 460 U.S. 730 (1983) (officer lawfully stopped car and asked for driver’s license when he saw contraband on the seat next to the driver).

Conclusion

For your own safety, you should never physically resist the police, even if you believe that they are conducting an illegal search. You cannot be convicted based on evidence found in an illegal search as long as you did not consent to that search. This is why it is crucial to always assert your rights during police interactions. While it is never fun to see headlights in your rearview mirror and realize that you are being pulled over, the experience can be a bit less stressful if you keep these concepts in mind.

Editor's note: Under Illinois law, the police may not stop, search, or arrest individuals because of their citizenship or immigration status.

Editor's note: The Illinois Supreme Court ruled in People v. Redmond, 2024 IL 129201, that the smell of raw cannabis alone does not give police probable cause to search a vehicle.