Police are very knowledgeable about the Fourth Amendment, and are always looking for ways to use it to their advantage. You should know it too, especially if you’re someone with something to hide.
If you typically drive with illegal contraband then you should know about the Fourth Amendment and probable cause. The first thing you should know is that in America you are protected from unreasonable search and seizure by the Fourth Amendment; which protects you from police being able to shake you down whenever they feel like it. The United States Constitution requires that the police obtain a “General Warrant” before attempting a search. For police, there are ways around this. Probable cause is where known facts and circumstances, of a reasonable and trustworthy nature, are sufficient to justify a man of reasonable caution in the belief that a crime has been or is being committed. Basically this means that if circumstances make a cop feel like you’re doing something wrong, he can search you without a warrant. I read a great article that describes the sources of probable cause. I’ll sum it up:
Furtive Movements: this basically means that your movements appear suspicious to a cop. It looks like your are scrambling to conceal something. Cops see you do this and they’ll search you and your vehicle for sure.
Attempting to Flea: This is simple. You run you get searched.
Observation of Evidence: If a cop sees some little weedlets on your car seat, red eyes, an open alcohol container, or smells marijuana he’s pulling you out of the car to search your stuff. You have to think about what is visible in your car, and be sure that none of it is illegal.
Admitted Ownership: If you confess to doing something illegal, you are toast.
False/Improbable Answers: Lying will get you nowhere. Police are trained to ask questions and go deep into a story. So if you don’t know what to say, don’t say anything at all.
Presence in a High Crime Area: Rolling around in an area that is rich in illegal activity is will give a cop probable cause.
Association with Known Criminals: You ever hear the expression “you’re only as good as the friends you keep”? It really is true. It doesn’t matter if you have the cleanest record in the world. If you have a friend with you that has had numerous run-in’s with the law, chances are you are going to get searched too.
Past Criminal Conduct: Suppose you have multiple possession of controlled substance charges on your record. A cop will assume that since you got busted with drugs before, there’s a good chance you’re holding now.
Ultimately, a judge has the final say on what is considered sufficient probable cause. So even if you get searched and they find something, the case can still get thrown out if the judge finds that the officer’s probable cause claim doesn’t hold water; and there was no basis for the search.
Here’s a You Tube video that I found which gives some tips on how to behave if you are pulled over. It’s kind of goofy, but I think it will do a good job of putting together all of this probable cause stuff. Good Luck!


