Generally speaking, NO, the police cannot search your vehicle after a traffic stop. But the law with respect to searches and seizures is complicated. So, as a practical matter, the police may be legally allowed to conduct a search if one of the exceptions applies.

By the way, one of the exceptions is waiver. That is, a person can waive their constitutionally protected rights. So, be careful and do not agree to let the police conduct a search. And the police can be tricky about this. An officer might ask you, “what’s in the trunk.” You should not say anything, but maybe you can say: “nothing.” Then the officer will ask: “Can I look?” If you say “yes,” then the police can now legally search the trunk of your car.

If you have more questions about searches and seizures or if you have been arrested and charged with a crime in Maryland, call or contact us here at the Law Office of Robert Castro. Contact us using our number (301) 870-1200 or use our contact page. We are trusted, top-rated, and very experienced Maryland criminal defense attorneys. We have offices in Waldorf, MD, and are available 24/7. Below are more details on traffic stops and searches.

The general rule is that residents of Maryland have a constitutionally protected right not to be subject to unreasonable searches by the police. This right applies to the interior and contents of an automobile as well as the interior and contents of one’s home. However, there are twelve to fifteen exceptions to the “no unreasonable searches” rule, some of which are true exceptions and others are deemed not to be searches. For example, if there is a legitimate danger that evidence of a crime will be destroyed or lost, law enforcement officials may conduct a warrantless search. On the other hand, if police officers see some evidence of a crime in plain view, the seeing of the evidence is not deemed a search because the evidence is in plain view.

Thus, whether the police can search your car after a traffic stop depends on whether there are any exceptions to the “no unreasonable searches” rule. As discussed above, one of the exceptions is waiver. Do NOT waive your rights and agree to allow the police to conduct a search. Some of the other exceptions include:

• In plain sight — as noted above, if the police see some evidence of criminal activity in plain sight, that is not deemed a search; but evidence in plain sight can justify a more extensive search; examples are a gun or drugs sitting in plain sight on the seat of your vehicle
• Exigent circumstances — if the police see or hear something that suggests a crime is in progress and that police action (like a search) must be taken immediately to prevent a crime, the police could search your vehicle; an example might be the police hearing a person in the trunk screaming
• Police safety — if the police feel there is a reasonable basis for feeling endangered, a limited visual search may be conducted for weapons or other dangerous items; the search is generally limited to areas where the driver (or passengers) might be able to reach; so a glove box may be searchable, but not the trunk if there is no obvious access to the trunk from the inside of the vehicle
• Incident to a crime — if the traffic stop leads to an arrest, a limited visual-type search is allowed to locate evidence related to the crime
• Inventory post-arrest and towing — if a vehicle is towed after an arrest, the police prepare an inventory of the contents of the vehicle; whatever is found can be used as admissible evidence

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.