Can a police officer search my car without permission because of loud music? 47 Answers as of May 28, 2013Can a police officer search my car without permission? didn't even ask if he could he search the car. I ask what I was getting pulled over for and he say loud music so do that give him the right to search my car?
The Law Office of Eric J Smith | Eric Smith
After a traffic stop a police officer has the right to a limited search of your car to protect himself, he can make sure a weapon is not immediately accessible to you. He cannot search the rest of your vehicle without your permission.
Answer Applies to: Texas
Miller & Harrison, LLC | David Harrison
That alone would not give him the power to search the car. If you were arrested he could search incident to your arrest, but otherwise it would seem he would need your consent. Anything he found in the search might be thrown out.
Answer Applies to: Colorado
Gregory Casale Attorney at Law | Gregory Casale
Absolutely not. The police must have either a warrant, your permission, or doing an inventory search pursuant to arrest. If you were charged with a crime that arose from an unauthorized search the evidence can be suppressed. Speak to an attorney. Facts are key.
Answer Applies to: Massachusetts
Natty Shafer Law | Nathaniel Shafer
Probably not. An officer who pulls you over can search part of your car to make sure there are not any weapons that can hurt you, but he cannot search the whole thing without probable cause or a warrant. I have a hard time believing that the officer had "probable cause" to believe he would find more evidence of loud music, by searching your car. If the officer found anything illegal in your car, you may have a good chance of getting that evidence suppressed.
Answer Applies to: Utah
Law Office of Eric Sterkenburg | Eric Sterkenburg
For a police officer to search your car without your permission he has to have probable cause to think that you are hiding something that would connect you to a crime. Playing your music too loud on its own is not probable cause for a search.
Answer Applies to: California
Law Office of Michael E. Dailey | Michael E. Dailey
The issue of "can police search my car?" is rather self evident. They have guns and a whole bunch of them can show up to do it. How would you propose to stop them? The search is illegal and can cause any discovered evidence to be thrown out of court but that is determined in a court room, not in the street. You don't consent to the search, but if you physically resist or hinder the process, you can be charged with an offense that will stick even if the search is questionable.
Answer Applies to: Missouri
David F. Stoddard | David F. Stoddard
No, it does not. He would have probable cause to believe evidence of a crime or contraband is in the vehicle, or some reasonable suspicion that you had a weapon in the vehicle, which would justify a search of the officer's protection. The problem is, some officers conduct illegal searches and lie and say you consented, or they make up probable cause.
Answer Applies to: South Carolina
Hynum Law Office, LLC | G. Wayne Hynum
No. A police officer can search you car during a traffic stop if; (1) you give permission, or (2) the officer has a warrant to search it, or (3) if the officer has a reasonable articulable suspicion that the vehicle contains something illegal like drugs or guns. Loud music without anything else is not sufficient for the officer to search your car. However, it's easy for the officer to say he had a "reasonable articulable suspicion". He would have to say what the basis was of that suspicion, and the Court then determines if the suspicion was reasonable and enough to justify the warrantless search of the car.
Answer Applies to: Mississippi
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
The noise decibel violation gives a right for police to cite and ask for ID. If, in the process of doing so, the driver commits or is suspected of having committed a criminal act, then a search of the car may be justified.
Answer Applies to: Pennsylvania
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Is this just curiosity? Or have you been charged criminally? The police officer had probable cause to stop you if there is a noise ordinance and you seemed to be in violation. He will likely say he smelled alcohol or marijuana or saw some evidence of contraband. So the real question is what is the real problem here? if you were c harged , see a good criminal lawyer who is regularly in the district criminal courts.
Answer Applies to: North Carolina
Lawrence Lewis | Lawrence Lewis, PC
The officer will testify that he smelled something like marijuana. or saw something like the butt of a gun, when you get to court, because he cannot search solely because of loud music. More importantly, do you know how to get the case thrown out fo court.
Answer Applies to: Georgia
John Russo | John Russo
They will just say you gave them consent to search or that they thought they saw something sticking out from under the seat, I don't know if you will understand this but the 4th amendment is gone, and for the most part our constitutional protections against unreasonable searches is no longer viable. Now to get to the reason you were stopped thats all they need some form of properable cause. But I have to say I don't blame them on that one, I grew up on load music late 60s early 70s Zeppelin, Stone's , Who, Tull, stuff you most likely don't enjoy ,but I did and still do, loud concerts Pearl Jam, Green Day etc, etc, again not what you like , but what I don't understand is this driving around bothering the rest of the plant and not caring, I can understand you wanting to listen to your music but what you fail to understand is that the majority of the people you are annoying don't want to here it , but you guys don't care, so just keep getting pulled over.
Answer Applies to: Rhode Island
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
If you are being charged with a crime, you need to speak with your criminal attorney. Although the U. S. and Washington State Constitutions in general prohibit warrantless searches and seizures, there are several exceptions, i.e. search incident to arrest. Criminal lawyers seem to be constantly arguing about the boundaries for the exceptions.
Answer Applies to: Washington
Law Offices of John Carney | John Carney
The police can pull you over for probable cause if they saw a traffic violation or suspect that a crime has been committed. They have no right to search the vehicle unless they are placing you under arrest. If they get consent they may search the car legally, otherwise they need an arrest or a search warrant. Loud music is not probable cause or a charge that they would arrest you n, it is just a pretext for a search. If they seize contraband pursuant to an illegal search they can arrest you and your lawyer will ask for a Dunaway/Mapp Hearing. If the judge rules that the search was illegal the contraband will be suppressed and cannot be used at trial. That may result in a dismissal of those charges but the other traffic violations may remain. The police will stop anyone who plays loud music, has an old car that is not in good repair, or who looks like they might have drugs or weapons in the car. You are most likely to be arrested on the street or in a car so don't attract their attention. If you are young, a hippie, a biker, or a minority you are going to get stopped on the street and pulled over for any reason the police can come up with so it is important to not have drugs, weapons, or anything illegal on your person or in your car. If you don't want to get pulled over or stopped on the street dress in a suit and tie, the cops never stop an "honest citizen" or a little old lady, they stop people that look like potential criminals and that is called profiling.
Answer Applies to: New York
The Law Office of Cathy R. Cook | Cathy R. Cook
No, the loud music alone does not give him the right to search. If he smelled marijuana or saw something illegal, then he could search. If you were charged with possessing something, you could challenge the charge based on an illegal search. However, if you were not charged with anything, there is nothing you can do about it.
Answer Applies to: Ohio
KDM Law Firm PLLC | Kurt D. Mitchell
No, in order to search a car a police officer must have your permission or a warrant. There are some other circumstances wherein a police officer can search your vehicle but nothing in your question indicates these other circumstances.
Answer Applies to: Florida
Mary W Craig P.C. | Mary W Craig
Loud music gives him the right to pull you over. Something else, like the smell of marijuana or alcohol, gives him the right to search without permission. He can say he smelled it, then didn't find it. Next time, turn your music down and don't draw attention to yourself.
Answer Applies to: Alabama