Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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You were recently arrested for DUI. The police searched your vehicle after taking you into custody and found evidence of a drug crime.
Can a prosecutor really use this evidence to support a drug charge? Is it really legal for the police to search my car without a warrant?
There are certain situations where law enforcement can lawfully search your motor vehicle without a warrant. These are when:
If the above conditions do not apply, then the Fourth Amendment to the U.S. Constitution generally states that warrantless searches are illegal.
But a police officer usually always has the legal right to search your vehicle if he/she has a lawful search warrant.
Most often, yes. California law says that law enforcement officers can search your car, without a warrant, if they have the consent or permission of:
But note that this consent must be given freely and voluntarily. For example, it is an illegal search if the police force or coerce you into a search in any way.2
If you do consent to a search, and police find evidence of a crime, this evidence can be used against you in court.
California law typically allows law enforcement to search your car if they have probable cause to believe it holds evidence of criminal activity.3
Police usually have “probable cause” if they:
If police do have probable cause for a vehicle search, they can usually search throughout the inside of the car (for example, inside a passenger compartment).5
But with respect to the trunk of a vehicle, authorities can usually only search it if they have probable cause to believe there are seizable items inside (for example, contraband).6
Police in California can search a car, even without a warrant, if they arrest someone inside the vehicle.7
But note that authorities can only conduct a search incident to an arrest if they have probable cause to believe that the vehicle contains:
Further, even if they do have probable cause, then the following conditions apply:
There are some situations where the police may detain you inside your vehicle, which is short of arresting you.
In these situations, an officer can conduct a search without a warrant, but only to protect their own safety.10 This means that once you are detained, the police can conduct a search of your car but only under the following two conditions:
Note that if a driver or passenger is outside of a car, an officer can stop and frisk the person if the officer has reasonable suspicion that the person is armed and dangerous.12
Police officers in California have the authority to search your car if it gets impounded. But this search can only take place if:
The law authorizes an inventory search of a vehicle because the search:
It is a smart idea to get legal help from a criminal defense lawyer/law firm if the police searched your car.
A defense attorney can look at your criminal case and advise as to whether the police met California’s search warrant requirements. A lawyer can also advise as to whether there was an:
If the latter, your attorney can protect your constitutional rights and file a motion to suppress evidence. If a judge grants the motion, the prosecutor in your case is precluded from using any of the evidence that was obtained due to the unlawful search.
Without this incriminating evidence, a judge could reduce or even dismiss your criminal charges.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.