You Can and Should Say No to a Car Search by Police

Being on Arizona roads means there is a chance you can get pulled over by the police for violations, perceived violations, or other criminal offenses. The standard for pulling a driver over is reasonable suspicion, which is low, and the same standard applies to making a police stop under any other circumstance. 

As such, it gives the police a long leash regarding when they can pull you over. After a police stop, it's important to be agreeable with the officer, but this doesn't mean waiving your constitutional rights, especially regarding car searches. 

Do Not Consent

While the police can pull you over for reasonable suspicion, they cannot use the same standard to search your car. They will need reasonable suspicion to do it, but it doesn't mean they won't want to search it if they do not have it and may attempt to get you to consent. 

They could start by asking if you have weapons or anything you want them to know. Of course, they know you will say no and are prepared with a follow-up question of whether you mind having them look around. While their polite approach may get you to trust them and want to say you are okay with it, it's not a good idea since you cannot be sure what they may find, especially if you do not use the car alone. 

So the right answer should be "no," which should have them leave you alone. Also, you are only obligated to answer questions relating to the reason for your stop.  “You may want to ask to speak with a lawyer if you do not like the direction the encounter is taking. Also, if the police insist on searching your car without your consent, document everything as that can help you challenge the evidence they could produce against you in court,” says Arizona criminal defense lawyer Ryan McPhie of Grand Canyon Law Group. 

Probable Cause

Probable cause is the legal threshold criminal law applies to justify an arrest or search. This standard requires more than mere suspicion. The police must have enough reason to believe your vehicle has evidence tying you to a crime. For example, if while conversing with you, the police pick up the smell of marijuana in the car, they no longer only have reasonable suspicion; the smell satisfies the probable cause standard, giving them a right to search without your consent. The police can sometimes stretch the probable cause standard too far. As such, it is best to work with a lawyer to determine the legality of their actions or whether the probable cause standard was satisfied to warrant a search.

Search after an Arrest

Law enforcement has a right to search your vehicle after an arrest. For example, if, after running your vehicle plates, you realize it has been involved in a crime, they may arrest you immediately and have a right to search your car for evidence of the crime you are arrested for. 

An arrest after a car search can mean facing criminal charges for a crime. While the state of Arizona is obliged to provide a public defender, your best chances are with working with a private lawyer. Private lawyers can only take up the workload they can manage. As a result, they can allocate sufficient time to a case, which can significantly improve your odds. Also, their reputation depends on their performance, so they have enough motivation to give their best in every case.