The Police Took Contraband from My Car; Can They Use It Against Me In Court?

The 1981 case, Belton v New York, established that police may conduct a search of a vehicle in conjunction with the arrest of an occupant of the vehicle, and that all evidence seized in such a search was admissible in court. The fact that an occupant of the vehicle was arrested and the search was conducted as part of that arrest created a broad exception to the Fourth Amendment requirement that a warrant is needed for a search. Citizens and judges alike contested the breadth of this exception to the requirement for a warrant, since police were required to prove neither reasonable suspicion nor probable cause of either evidence of a crime or weapons constituting a threat to officers on scene. Despite this free hand by police, any and all evidence of criminal activity found in this type of search was admissible in court, even for crimes not recognizable or suspected by police at the time of seizure.

In April of 2009, the United Stated Supreme Court decided Gant v Arizona, and changed this rule. Since this judgment, police searches of vehicles incident to arrest must be based upon proof of one of the narrowly defined exceptions to the requirement for a search warrant.

Frisk and search for weapons

If police can reasonably articulate suspicion that an occupant of the vehicle presents a threat to officers or others on scene, they can conduct a search for weapons on the body and clothing of the subject of the threat along with those areas inside the vehicle that were within the immediate reach of that subject. This would not include locked compartments, regardless of proximity, or any areas that the subject could not readily access by reaching an arm. The possibility of the subject relocating within the passenger compartment of a vehicle or lunging to extend reach, however reasonable in articulation by police, will not constitute grounds to search that area.

Reasonable belief of presence of evidence of the crime for which the occupant was arrested

If police can reasonably articulate the belief that evidence of the crime for which the arrest was made is present in the vehicle, they may then search the vehicle, seize the evidence, and present it in court. Locked compartments are not included in this type of search.

Probable cause search

This search holds the same standard of proof that must support any arrest. It allows search anywhere within the vehicle that evidence might be found.

Areas within the immediate reach of an arrestee

Police are allowed to search the area of immediate reach of an arrestee, either just prior to the execution of the arrest or after an arrest if the subject in custody is unsecured and within reach of the passenger compartment of the vehicle. It is important to note here that police are not allowed to manipulate the secured or unsecured nature of an arrestee to create this exception to the requirement for a warrant. In other words, police cannot create their own jeopardy by allowing an arrestee to remain unsecured and within close proximity to the passenger compartment of a vehicle for the purpose of creating this exception to the need for a warrant.

Inventory search

The administrative search of vehicles made solely for purposes of inventory can lead to seizure of evidence and admission in court. The policy of the agency must be strictly enacted with no deviation from consistent patterns and no attempts to manipulate the inventory procedure for the purpose of circumventing the requirement of a warrant and finding evidence.

Consent search

At any time and in the absence of any exceptions to the requirement for a warrant, police may search any area of a vehicle if consent is given by the owner of the vehicle. Owners are under no obligation to give consent to such a search.

Further, any evidence that is in plain view of the police at any time or place, so long as they have a lawful reason to be in that vantage point, is allowed to be seized and admitted in court.

If you were arrested while occupying a vehicle and evidence associated with that arrest was seized, learn your rights. Contact or  call The Nahajski Firm at 206-621-0500 for a free and confidential initial consultation.