A New York traffic stop may be a stressful, anxiety-inducing encounter. However, knowing what your rights are may help you navigate the situation and minimize any trouble it causes you. If the law enforcement officer who pulls you over wants to search your car during the traffic stop, certain things must be true for him or her to do so.
FlexYourRights.org reports that, unless you give an officer your consent, he or she must have either a warrant or something that constitutes probable cause to move forward with a search.
When the law enforcement officer has probable cause
Probable cause means the officer who stops you has something more than just a suspicion that you are engaging in wrongdoing. For example, having visible drugs or contraband in your car may count as probable cause. If the officer searches your car after hearing that a vehicle matching its description had involvement in a crime, this may also give him or her legal grounds for a search.
When the law enforcement officer lacks probable cause
Unless the officer who stops you has a warrant, probable cause to conduct a search or your permission to do so, you may exercise your right to refuse the officer’s search request. When you do so, be firm, but polite to avoid escalating the situation.
If a law enforcement officer conducts a search of your car and the search turns up something illegal, you may be able to avoid criminal penalties if the officer did not have reason to search your car in the first place.