On average, nearly 375,000 Pennsylvania drivers are pulled over by law enforcement each year. While these stops are generally routine and often traffic-related, they can still be nerve-wracking. If you ever find yourself in a similar situation, it is important to know your rights, especially when it comes to the police searching your vehicle without a warrant.
Many motorists are unaware that Pennsylvania law enforcement officers have the ability to legally search a car if they have probable cause. Knowing your rights after being stopped by law enforcement can be a valuable tool to keep in mind, whether you are pulled over for a traffic violation or a DUI.
When Can a Police Officer Search My Vehicle?
There are limited circumstances that can lead to a police officer searching your vehicle without a warrant. Protection against unlawful search and seizure is a right guaranteed to citizens of the United States through the Fourth Amendment, which means that an unwarranted search conducted without probable cause or your permission is a violation of your constitutional rights.
Obtaining a warrant is not a swift process: an officer must first submit a signed affidavit to a judge stating they believe there is a satisfactory level of probable cause. After submission, the judge must review the officer’s affidavit and take any outstanding evidence into consideration. The judge will then decide whether to sign the warrant.
In certain situations, however, a police officer or federal agent may search your vehicle without a warrant if they believe that there is probable cause. The issue in these circumstances is that probable cause is typically determined on a case-by-case basis, which means there is no existing set of rules which guide when an officer will choose to act on it.
What Is Probable Cause in Pennsylvania?
In order to justify the violation of the Fourth Amendment protections that each citizen possesses, an officer or federal agent must have probable cause. If a police sergeant acts on instinct or a “hunch,” this is not sufficient evidence to violate an individual’s constitutional rights.
Certain factors must be considered in order to determine whether a situation calls for an unwarranted search. If a police officer pulls you over because your taillight is out, they cannot take a look in your vehicle without suspicion that you may have committed a crime or are in the process of doing so. There must be significant proof that the officer was justified in violating a citizen’s protective rights, such as witnessing someone commit a crime or planning to commit a crime.
Even in a situation where an officer or federal agent believes they may be identifying a criminal correctly, they must consider the totality of the circumstances around the case. This is ultimately a way for citizens to defend themselves against unwarranted searches, as an experienced lawyer can successfully challenge the level of suspicion or evidence available at the time of the violation.
Can an Officer Search My Car on Reasonable Suspicion?
Separately from probable cause, the idea of reasonable suspicion is based on an officer’s intuition. You may be pulled over for reasonable suspicion if a cop sees empty beer bottles on your front seat, but this does not equate to probable cause for search and seizure.
While a reasonable suspicion may be enough for something as simple as a traffic stop or DUI, probable cause dictates that existing circumstances around a crime or dispute must be apparent for an officer to look through a driver’s vehicle, property, or possessions.
Contact the Trusted Legal Representatives at Rubin, Glickman, Steinberg & Gifford
If you were subjected to a search of your vehicle without a warrant, you need an experienced attorney who can work with you to defend your rights and help you obtain the legal retribution you deserve. The skilled and dedicated legal team at Rubin, Glickman, Steinberg & Gifford will help you build a solid defense strategy for your case in Pennsylvania.
When you’re ready to move forward, you need the experts by your side. Contact us online or call 215-822-7575 for more information today.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 6, 2021
