Full question:
Can a cop do a 'protective sweep' of a vehicle just for a traffic violation? In the definition it states that it must be 'During an arrest'. Can you please clarify all search rights and the conditions that have to be met for a cop to legally search your car in Los Angeles, CA?
- Category: Criminal
- Subcategory: Search and Seizure
- Date:
- State: California
Answer:
Police can stop vehicles if they have reasonable suspicion of a traffic violation. Under the Fourth Amendment, officers may conduct a search without a warrant during a lawful arrest. This search must be immediate, aimed at preventing harm or destruction of evidence, and limited to areas within the arrestee's control.
Officers can also search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence. This includes the vehicle's interior and glove compartment, but not the trunk unless there is probable cause. If a vehicle is lawfully impounded, its contents can be inventoried without a warrant, including the trunk.
Traffic stops based on reasonable suspicion are investigatory stops (Terry v. Ohio). These stops may be more easily challenged than those based on probable cause. Common reasons for warrantless searches include:
- Abandoned vehicles
- Plain view
- Consent
- Inspection
- Search during temporary questioning
- Incident to arrest
- Probable cause
- Inventory searches
For a search based on consent, it must be given voluntarily, freely, and knowingly. Consent should be clear and specific, without any coercion.
In certain situations, an officer may search a vehicle during temporary questioning if there are specific articulable facts present. To justify a protective sweep, an officer must have a reasonable fear for their safety. For example, if a driver is acting suspiciously during a drug investigation, an officer may conduct a protective search of the passenger compartment to ensure there are no hidden weapons.
Factors that may justify a protective sweep include:
- Reason for the stop
- Furtive movements by the driver
- Officer-to-subject ratios
- Intention to arrest or let the driver return to the vehicle
- Number of occupants in the vehicle
- Time of day and lighting conditions
- Position of the squad car
- Odd behavior by the driver
- Attempts to flee
- Nervousness of occupants
- Indications of alcohol or drugs
- High crime area
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.