By Alex Bakken
Carbon County Sheriff
As we’ve discussed before, the Fourth Amendment of the United States Constitution is integral in protecting our rights as citizens. Specifically, the Fourth Amendment guarantees the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures…” Previously we discussed how those rights can apply to searches or persons being detained. But what about vehicles? How does the Fourth Amendment view the privacy of our cars and trucks?
Simply put, vehicles are viewed differently by the courts than, say, a person’s home. Our homes are one of the most (if not the most,) protected entities under the Fourth Amendment. Vehicles, however, do not enjoy the same level of privacy and protection as one’s home. Let’s take a look at why that is and what it means for us as citizens.
First off, let’s look at license plates. While relatively boring on their own, they play a large role in the privacy (or lack thereof) granted to our vehicles. Because of the fact that our vehicles are subject to substantial governmental regulation (right, wrong, or indifferent,) the standard of privacy surrounding our vehicles is lower than a domicile. When it comes to license plates, law enforcement officers can query any license plate without a warrant or probable cause/reasonable suspicion. This is because the courts have ruled that not only are license plates (and the vehicles they are on) subject to substantial governmental regulation, but they are also in what is called “plain view” (United States v. Matthews, 615 F.2nd 1279.) While law enforcement officers are able to query license plates, they are still not allowed to pull over a vehicle unless there is probable cause or reasonable suspicion of criminal activity (such as a license plate that returns stolen,) or what is called a “Community Care taking Stop.”
If a law enforcement officer believes that an occupant’s safety or welfare is at risk, they may make a traffic stop to ascertain that the occupants are safe. If the officer or deputy determines that the occupants do not need assistance and/or are not in danger, they must terminate the stop. A community caretaking traffic encounter doesn’t always have to consist of a traffic stop, stranded motorists also fall under this rule. It is not illegal to break down, so a law enforcement officer cannot involuntarily detain someone or demand identification when it comes to community caretaking stops unless criminal activity can be reasonably articulated.
What about our rights in regard to the privacy of vehicles? How does that compare to our homes, and does a law enforcement officer need a warrant to search a vehicle? The short answer is less privacy and no, a warrant is not needed. The better answer will explain how the “mobile conveyance exception,” or “automobile exception” works. The mobile conveyance exception is a well-established exception to the general requirement of a warrant for search and seizures under the Fourth Amendment. Under this exception, our vehicles may be searched without a warrant by a law enforcement officer if, and only if, there is probable cause that evidence of a crime or contraband is located within the vehicle that is to be searched. For example, let’s say we pull a vehicle over for speeding. Upon our approach to the vehicle, we can clearly see a syringe, spoon, and lighter sitting on the center console. The spoon has burn marks in it and the syringe appears to contain a substance that, based upon our training and experience, is consistent with that of heroin. This constitutes probable cause and would allow us to conduct a warrantless search of the vehicle. So why are vehicles special in this regard? It’s because the court has ruled that due to the easy mobility of a vehicle, evidence can be quickly transported and destroyed. The important thing to remember is that without probable cause, we as officers cannot indiscriminately search any vehicle we like, which is often misportrayed by popular media.
The law is always changing, evolving, and adapting. I hope that this article was able to shed some light on the sometimes convoluted world of vehicles and our Fourth Amendment Rights.
Thanks for reading, and, as always, if you have any questions, comments, or concerns, please reach out. Thanks!
Sheriff Alex Bakken
