Can police search my car when I am pulled over for speeding?

Police conduct during a traffic stop is limited by Fourth Amendment protections against unreasonable search and seizure. If police observe a traffic violation, they can stop the vehicle and question the driver. The scope of their conduct is restricted to an investigation of the crime or violation that they believe…
attorney meeting with client at desk

Police conduct during a traffic stop is limited by Fourth Amendment protections against unreasonable search and seizure. If police observe a traffic violation, they can stop the vehicle and question the driver. The scope of their conduct is restricted to an investigation of the crime or violation that they believe has occurred. Searching a vehicle is an escalation of the scope of the stop (seizure) and also extends the duration of the stop.

Unless the police have a reasonable articulable suspicion of other criminal activity, their conduct during a traffic stop is restricted to investigating only the traffic offense. If police ask for “permission” to search your vehicle, you should be free to say no. If police have a search warrant or if they say that they are going to search with or without your permission, you should not physically interfere with them.

There can be benefits to affirmatively stating that you have not consented to the police search. But each situation will have different facts affecting what will make the most sense. If you have the ability to use your phone, calling an attorney for advice can be your best course of action.

Originally Published: November 20, 2023

Related Articles

Ogden Second District Court – Utah
Ogden's Second District Court has exclusive jurisdiction over all felony and class A misdemeanor cases in Weber County, along with de novo justice...
November 1, 2024
Prosecution Discovery Obligations – Police Materials
The prosecution team in a Utah criminal case includes more than just prosecuting attorneys. Police officers directly involved in the investigation,...
October 29, 2024
Davis County Justice Court
The Davis County Justice Court handles class B and C misdemeanor charges. Felony and class A misdemeanor charges are filed in district court. In...
October 29, 2024

Ready to explore our other articles?