Can A Cop Search My Car When He Pulls Me Over?

QUESTION:

I constantly get the following scenario and it is important to know your rights under these circumstances. The scenario is as follows: During an alleged routine traffic violation, a cop pulls me over and then searches me and my car. Though he did not find anything, I still felt humiliated and violated by the whole occurrence.

Was the officer permitted to perform these searches? Could the searches have been refused?

ANSWER:

A traffic stop can result in a search of you and / or your car, however there must be reason to do so. If the officer has no basis to suspect that you are armed and dangerous, there are no illegal items in "plain view", and there is no probable cause, then the officer cannot search you or your car.

However, should the officer see something suspicious, then the law permits the officer to do a "pat down" or frish search of you and ALSO search the passenger compartment of your car. Additionally, the officer is permitted to pat down any purses or other type bags that a weapon could be concealed in.

However, if you PERMIT the officer to search your car, then the search will generally be considered valid, EVEN IF, there is no reason listed above to support the officer's request.

YOU CAN REFUSE A SEARCH! However, you know it will be difficult to refuse a search to an intimidating police officer with a loaded gun. In many states, there are laws that permit police officers to arrest drivers for minor traffic violations including speeding or failure to wear a seatbelt. Should the officer choose to arrest you, then the officer is permitted to perform a search AND your car will likely be impounded and search pursuant to the "inventory search" option.