Once in a while as you drive down the road you see a cop completely submerged in a vehicle. The question that might come to mind is, “could he search my car?” While many may think that the officer needs to have a warrant, this is not always the case. Since a car is mobile and courts have ruled that we have a lesser expectation of privacy in a vehicle, a warrant is usually not required.
In most cases, for a cop to search your car, he must have made a valid stop and must have probable cause to believe it contains contraband. What probable cause means would depend on the situation at hand but could range from seeing an illegal item to smelling a suspicious odor. The officer may search the whole car once he has probable cause.
Police may also conduct a search incident to a lawful arrest, meaning that he may search not only the person arrested but also the area immediately surrounding that person, such as the car.
Consenting to a search, on the other hand, allows a search to take place even though an arrest did not occur and even if probable cause may not exist.