Legal Question in Constitutional Law in Virginia

Warrant needed for auto searches?

As the title states, I would like to know if a warrant is needed in order to search an automobile on a routine traffic stop (i.e. busted headlight, speeding, etc.). No contraband or any other supicious items are readily visible.

Also, if you tell the officer that you do not consent to having your car searched after he requests for you to open your hood, car door, or trunk, will the items that are found be useable in court by the prosecution.

Lastly, where can I find the laws to back up your answers for my own reseach?

Thanks in advance for your help


Asked on 11/04/04, 8:53 am

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Warrant needed for auto searches?

Read Terry v. Ohio at your local law library.

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Answered on 11/04/04, 9:27 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Warrant needed for auto searches?

Whether or not warrants are required for a particular search, and whether or not the found item(s) are admissible in the ensuing prosecution, comprises the subject matter for the law school course in Criminal Procedure. Your question is best answered by going to a search engine like google.com and typing in, "Criminal Procedure Outline" (use the double quotes).

As a practical matter, testing the search and seizure laws requires a privately retained lawyer or, in other words, a wealthy defendant. Many criminal defendants of modest means have mediocre legal representation, at best, and a public defender or other court-appointed lawyer might be unwilling to expend the extra effort to file a motion to suppress evidence resulting from an illegal search.

The ACLU (aclu.org) publishes cards, videos and other instructional material on the subject of how to politely but firmly assert your constitutional rights during any police encounter.

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Answered on 11/04/04, 1:10 pm


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