Las Vegas police conduct traffic stops and vehicle searches regularly. In most cases, they do so in the interest of public safety. It is also one of the most common ways to get arrested in Las Vegas; a lively nightlife often equates to inebriated drivers, after all.
If you’re visiting Las Vegas or are just driving for the first time, you may end up in such a situation on the road. As such, you will need to know what instances allow Las Vegas police to search your vehicle. Let’s look at four of the most common ones below.
Owner’s Consent
As a rule, law enforcers cannot search a person’s vehicle unless the person in question consents to the search. However, if the driver verbally grants their consent, the police can proceed to search their vehicle during a routine stop. They will not need to file a warrant or show probable cause for a vehicle search if the driver agrees to it in the first place. Fortunately for people who’d rather keep their privacy even in their vehicles, drivers have a right to respectfully decline a search request from Las Vegas police. The police cannot refute this; they will have to come back later with the supporting documents before they can continue the search.
Probable Cause
Police may be suspicious about particular drivers that they stop on the road, and so will try to conduct a vehicle search to confirm things. As stated in the previous section, these drivers may decline the search request. However, the officer in question can proceed to the search if they have probable cause to do so. That is, a cursory observation reveals traces of a crime committed from within the car.
Warrant
Consent and probable cause can be difficult to obtain during a routine search. If the officer concerned has reason to believe that the car is involved in crime, they may have to go to a judge and obtain a search warrant. A search warrant grants the officer full legal authority to search a vehicle whether or not the owner consents to it. It also allows them to conduct the search whether or not the owner is present. Note that the latter case will require a search warrant because it is not a ‘fleeing vehicle’ case; a vehicle fleeing counts as probable cause and will require neither verbal consent nor a warrant.
Inventory After Impoundment
Impounded vehicles aren’t just sent to some holding facility to be held until their owners can arrange to get them back. The police have a duty to catalog all the items within the vehicle at the time of impounding for particular purposes. For example, the owner has important items in the car that they don’t want to lose. Searching the car and making an inventory of its contents requires no probable cause or search warrant from a court. However, any incriminating items found can leave the owner open to an arrest and possible charges. It is a slippery slope, however, and the police may simply be using the inventory process to search for contraband.
The law has a duty to keep the public safe by looking into situations that may be related to crime. On the other hand, the public also has a right to decline any attempts to intrude on their privacy without the proper legal procedures. Ask your defense lawyer for more information about traffic stops and vehicle searches.