When Can Police Search Your Vehicle Without a Warrant in Washington?

The police have a lot of power when it comes to investigating crimes and searching for evidence. Even so, their power is not limitless, and you have rights that must be protected. If the police ask for permission to search your car and you say no, they cannot search without a warrant. However, the police could search your car without a warrant, depending on the situation.

The police may ask for consent to conduct a search. If you say yes, they can search without having to get a warrant, which makes their job much easier. If you say no, which you are legally allowed to do, they must get a warrant. However, certain circumstances may allow the authorities to search your car without a warrant. Since vehicles are mobile, the police often have a greater interest in conducting a search before the vehicle can be moved again, and possible evidence might be lost.

If your car was searched, call our Washington State criminal defense attorneys at the Law Offices of Smith & White at (253) 203-1645 for a free case review.

Probable Cause to Search Your Car Without Your Consent

The police do not always need consent to search your car. While they can ask, and you can say no, other factors or circumstances might still allow them to search your vehicle.

Without consent to search, the police likely need a search warrant. The police always need probable cause to get a search warrant. When searching someone’s car, home, or other property, the police must have enough probable cause to get a warrant from a judge.

Probable cause might come from almost anywhere and is often gathered as part of an ongoing investigation. The police might have enough probable cause to convince a judge that evidence of a crime is located in your car, and the judge may issue a search warrant.

If the police search your car with a warrant, the search is limited by the terms in the warrant. If the warrant is only for your car, the police cannot also search your home or garage.

Vehicle Searches without Consent Due to Exigent Circumstances

Another exception is for exigent or emergency circumstances. The police pull people over all the time, often for mundane things like basic traffic violations. Occasionally, the police stumble upon a serious situation that requires immediate intervention.

For example, the police might notice sounds of banging or yelling coming from inside the car’s trunk. They might reasonably believe that someone is being held in the trunk against their will, and they can search the trunk without consent or a warrant because of the emergency.

Whether the police actually find a person in danger in the trunk or perhaps a juvenile prank, they may seize evidence they find in the trunk while they were legally looking inside, like illegal firearms or drugs that the driver forgot were there.

Vehicle Searches Without Consent Incident to Arrest

It is possible that after the police pull someone over, they are arrested for an alleged offense. At that point, the police might be able to search the car without consent as incident to the arrest.

Searches incident to arrest tend to be more limited, according to the Supreme Court of Washington in the cases of State v. Snapp and State v. Wright. Essentially, searches incident to arrest are limited to the area around the subject to which they have immediate access. The purpose of the search is to find possible weapons or contraband and secure the officers’ safety.

If a driver is pulled over and arrested, the police might search the driver’s seat area and possibly the glove box, but the trunk should be off limits, at least at that moment. If the vehicle is impounded, the police may search it entirely while inventorying the vehicle.

Can You Refuse to Allow the Police to Search Your Car in Washington State?

The police might pull you over for several reasons, ranging from minor traffic violations to serious crimes. No matter what, the police must have probable cause and a search warrant or a valid exception to the warrant rule to search your car. If they do not, they might still ask, and you are allowed to say no.

It is difficult for many to say no to the police, especially when they are in trouble. Your instincts might tell you just to cooperate and do whatever the police ask to avoid further trouble, but this does not always work. In fact, you might be playing right into their hands.

You can refuse to consent to a search. However, if the police still search your car despite your protests, you should tell your lawyer. If the police claim that a special exception allowed them to conduct the search, our Washington State criminal defense will make them prove it.

What to Do if the Police Search Your Car illegally in Washington

If the police search your car with no warrant and no warrant exception, you should alert your lawyer as soon as possible. Below are a few steps to take to help protect your rights if criminal charges are assessed.

Call a Lawyer

First, call an attorney as soon as possible. Even if you have not yet been criminally charged, you should tell your lawyer about the search. If the search was illegal, your lawyer can begin preparation to challenge it and hopefully get any evidence excluded from your case.

Document Everything

You should also try to document everything you can. Many drivers have dashcams that record what happens in front of the vehicle. They can also be turned inward to record the inside of the car. Leave these cameras on if you have them.

If you can, try to use your phone to record everything as it happens. Even if only audio recordings are possible, they may still be useful. Recordings of you refusing to consent to the search may be extremely important.

Know Your Rights

You should try to familiarize yourself with your legal rights regarding searches and seizures. Knowing when the police can and cannot conduct a search might be the difference between driving home or being driven to the police station in handcuffs.

Get Help Now From Our Washington Criminal Defense Attorneys

If your car was searched, call our Washington State criminal defense attorneys at the Law Offices of Smith & White at (253) 203-1645 for a free case review.