If you face charges of possession or intent to traffic following a traffic stop, you may wonder whether law enforcement has a legal right to search your vehicle. Evidence from searches without a legal pretense cannot stand up in court.
Cops do not always have the right to search a vehicle during a routine stop.
In cases of probable cause
In Arkansas, police officers can search your vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. Probable cause can come from observations such as the smell of drugs, visible contraband or suspicious behavior by the driver or passengers.
When the driver gives consent
If an officer asks you if he or she can search your car, you have the right to say no. If you consent to the search, however, the officer does not need a warrant or probable cause.
If you consent to a search, law enforcement officers are legally permitted to search your vehicle without a warrant, even without probable cause. It’s important to note that you have the right to refuse consent to a search, and exercising this right may protect your privacy and legal interests.
After an arrest
If you face arrest during a traffic stop, you may lose your rights to consent to a search of your vehicle. The officer may search your vehicle as part of the incident to arrest. For instance, if the officer suspects driving under the influence, he or she may look through your passenger compartment for drugs or alcohol.
If you have your vehicle impounded for any reason, you do not have to give your consent for a search. Officers in Arkansas will conduct an inventory search, but they can file charges if they find illegal contraband.