Can the Police Search My Car Without My Permission or a Warrant?

In most instances the police cannot search your car without your permission in Massachusetts under the 4th Amendment of the U.S. Constitution. The main reasons that a police officer may lawfully search your car is if he or she has probable cause that you have committed, are in the process of committing, or are are about to commit a crime; or if they believe you are armed and dangerous.

If the police stop you for a motor vehicle violation, they are allowed to ask you for your driver's license and registration in order to make sure that they are both valid. Once the officer has confirmed that both your license and registration are valid, the officer is obligated to write you a ticket and release you unless he or she has probable cause to investigate further.

A police officer may not order you from your vehicle unless he is placing you under arrest, or he has probable cause to search your car. If an officer asks for your consent to search your car it is your right to refuse his request. Please remember that if you give a police officer consent to search your car, you cannot later claim that he violated your rights. Also, please keep in mind that the 4th Amendment does not apply in cases where the car is stolen.

If you think you are the victim of an illegal search in Boston, MA, or surrounding areas, please contact Attorney Theresa Gomes at (617) 524-6600 immediately for a Boston criminal defense attorney who will work hard in your defense.