In North Carolina, police officers may only search your car under specific circumstances. Knowing the difference between a legal and an illegal search will help ensure your rights are protected and that you are not subject to an illegal search or seizure. Now, let's examine the circumstances under which the North Carolina police have a right to search your vehicle.
Police May Search Your Car if They Have Probable Cause
In North Carolina, police have the right to search your car if they have probable cause. Probable cause means that the police have a reasonable belief that evidence of a crime is in your car. If the police have probable cause, they can search your car without getting a warrant. However, if the police do not have probable cause, they must get a warrant before they can search your car.
There are many ways that the police can get probable cause to search your car. For example, if the police see something suspicious in your car, they may have probable cause to search it. Or, if the police stop you for a traffic violation and they see something in your car that makes them believe you have committed a crime, they may have probable cause to search it.
If the police search your car without having probable cause, you can challenge the search in court.
Police May Search Your Car if You Permit Them to Do So
North Carolina police officers also have the right to search your car if you give them permission to do so. However, since allowing police to search your car can be a daunting experience, it is often best to exercise your right to refuse if you feel uncomfortable.
Police may try to convince you otherwise, but it is ultimately up to you whether or not you want to allow them to search your vehicle.
If they continue to pester you, also remember that you have the right to remain silent, and you should never answer any questions without an attorney present.
If an Officer Has Arrested You, They May Search Your Car Incident to Arrest
In North Carolina, the police have the right to search your car if they have arrested you. This is called a search of your car "incident to arrest."
"Incident to arrest" refers to the fact that an officer has the authority to search an arrested individual and their immediate surroundings for evidence related to the crime. This search can include pat-downs, bag searches, and vehicle searches. Officers often use this opportunity to collect any weapons or contraband that may be present.
However, if they find anything in your car that is not related to the crime, they will not be able to use it against you in court.
What Can You Do if You Believe That You Have Been Subjected to an Illegal Search and Seizure?
If you believe that you have been subjected to an illegal search and seizure, for example, after being pulled over for a routine traffic stop, contact Coastal South Law today for a consultation with one of our experienced traffic law attorneys. We will help you understand your rights and fight for them. We are also happy to answer your questions and address any concerns that you might have.