During a traffic stop, police may ask you to step out of the vehicle for field sobriety tests, or they may order you out of your car to place you under arrest if they have probable cause to believe that you’ve driven under the influence of alcohol or drugs. Under some circumstances, Minnesota police can also search your vehicle when they pull you over for intoxicated driving in Minnesota. However, they must meet certain criteria, or anything they find during that search will be inadmissible as evidence against you.
Understanding Search and Seizure Laws in Minnesota
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches by the police. The Minnesota Constitution also has a parallel provision barring law enforcement from conducting unreasonable searches and seizures. Under constitutional law, the police may lawfully search a vehicle if they obtain the driver’s or owner’s consent or if they apply for and receive a search warrant from the court.
The “automobile exception” to the constitutional warrant requirement also permits police to search a motor vehicle during a traffic stop under certain circumstances. However, the automobile exception requires the police to have probable cause to believe that a vehicle contains contraband or evidence of a crime. Additionally, police may only search parts of the car where they might reasonably find the object of the search. Police can only rely on the automobile exception if they have reasonable suspicion or probable cause of a traffic violation or crime to initiate or continue a traffic stop.
When a DUI or DWI Stop May Lead to a Vehicle Search
A DUI/DWI stop does not automatically authorize the police to search a vehicle. Instead, police must have a separate justification for a search, such as:
- Probable cause: Police may search a vehicle if they smell alcohol or drugs, or when a police canine alerts to the presence of contraband inside a car.
- Search incident to arrest: When officers arrest a driver, they may have the right to search the area within the driver’s immediate reach pursuant to a search incident to arrest.
- Inventory search: If the police impound a driver’s vehicle after a DWI/DUI arrest, they may conduct an inventory search to document the vehicle’s contents in case the driver later claims that someone removed items from their car during its impoundment.
Limits to Police Authority During a DUI or DWI Stop
During a vehicle search, police cannot search locked compartments (such as the trunk, center console, or glovebox) without probable cause or consent. Furthermore, police cannot use a DUI/DWI arrest as a pretext to search the vehicle for evidence of other crimes without probable cause to believe that a driver committed another crime and the car contains evidence of that crime. In addition, police cannot use a DUI/DWI arrest to search a vehicle for drugs if they based the arrest on probable cause of alcohol intoxication. Finally, police cannot force or coerce a driver to consent to a search.
What to Do If the Police Illegally Search Your Vehicle
If the police search your vehicle during a DUI/DWI traffic stop without lawful authority, do not attempt to interfere, as doing so may constitute a separate crime. Instead, make a mental note and subsequently document the circumstances surrounding the traffic stop, as the events during the stop may help support a motion to suppress evidence found during an unlawful search.
Contact a Criminal Defense Attorney Today
Are you facing DUI/DWI charges in Minnesota? If so, contact Coodin Law Office, LLC today for a confidential consultation with a DUI/DWI defense lawyer to learn more about your legal rights and options. We are standing by to protect your rights and your future.