As citizens and drivers, it’s crucial to understand probable cause for car searches. Police officers cannot pull drivers over randomly and search their vehicles. Instead, they must reasonably suspect that the driver may have violated a law. Probable cause requires even more evidence that the driver has violated a law or is a threat to public safety.
If a police officer searched your vehicle and the officer did not have probable cause, a criminal defense attorney may be able to get the charges against you dismissed. This is because evidence obtained from an unlawful search is inadmissible in court, which could significantly weaken the prosecution’s case.
The Difference Between Reasonable Suspicion and Probable Cause
“Reasonable suspicion” is a legal term that describes evidence that a person may be involved in certain illegal activities or activities that threaten public safety. Proving that a reasonable suspicion exists is more straightforward than proving probable cause to search a vehicle or arrest a person. Law enforcement officers need to be able to show that, based on specific facts and circumstances, the driver may be involved in a specific type of illegal activity or one that poses a threat to public safety.
Unlike proving probable cause, which requires more evidence, proving that a reasonable suspicion exists is easier for law enforcement officers. Officers can use examples of safety or other traffic violations to detain a driver briefly or conduct a limited search to investigate potential illegal activity further.
For example, if a police officer sees that a tail light is broken, they have evidence that a traffic violation has been committed and can stop the driver. They can talk to the driver at their window and look into the vehicle to see if any drugs or alcohol containers are in the front seat. However, they can’t search the vehicle and gather evidence unless they have probable cause to believe a crime has been committed.
The Criteria for Establishing Probable Cause in North Carolina
To establish probable cause, police officers must be able to show sufficient facts that would lead a reasonable person to believe the driver has committed a crime or is involved in some type of criminal activity. In most cases, several pieces of evidence or information combine to create a strong and reasonable belief that a crime has been committed or that the driver is involved.
Probable cause demands that a reasonable belief that the individual is involved in criminal activity or has violated the law is supported by enough facts that make the likelihood of criminal activity higher than for determining a reasonable suspicion exists.
When Can a Police Officer Search My Car?
In North Carolina, law enforcement officers must have probable cause to search your vehicle without obtaining a warrant or consent. In other words, if a police officer asks to search your car after pulling you over and you say no, they cannot move forward and search your vehicle unless they have probable cause. The police officer needs to have a reasonable belief that you have committed a crime, such as drug possession, driving under the influence, or endangering a minor.
Committing a traffic violation, such as failure to use a blinker, isn’t enough to give law enforcement officers probable cause to search your vehicle. Smelling the odor of marijuana, seeing drugs, weapons, or drug paraphernalia in plain sight in your vehicle, or seeing other evidence such as an open container of alcohol, a visible firearm, or a large amount of cash that would give an officer probable cause to search a vehicle are examples of evidence that would give an officer probable cause to search a vehicle.
Contact a Skilled Criminal Defense Attorney in North Carolina
If you are facing criminal charges, speaking to an attorney as soon as possible is crucial. When an officer lacks probable cause to search your vehicle, your attorney can pursue a dismissal of the charges against you. Contact Greene Wilson Crow & Smith to schedule a case evaluation.