Advice for New Officers, When Can I Search a Car?

Understanding Probable Cause in Law Enforcement: Insights for New Officers

As a new officer in law enforcement, one of the questions that can often arise during traffic stops is how to determine when you have enough probable cause to search a vehicle. It’s not always immediately clear, and the decision-making process can seem ambiguous at times. So, how do you know when you’ve crossed that line?

The key lies in the concept of “probable cause.” Essentially, probable cause means having enough reason to believe that evidence of a crime may be present in the vehicle. This doesn’t require absolute certainty, but rather a fair probability. It’s about presenting facts that can convince a prosecutor or judge that it’s reasonable to believe evidence of criminal activity exists inside the car.

The Role of the “Because”

When determining probable cause, the word “because” plays a significant role. Why do you believe there’s contraband in the vehicle? Why do you suspect something illegal is happening? Providing clear, logical reasons for your belief is crucial. For instance, if you suspect the presence of marijuana, you must be able to articulate why, using facts and observations from the situation.

In law enforcement, it’s essential to always be able to explain the “because” — your reasoning should always be rooted in observable facts or circumstances that lead you to believe a crime is occurring.

A Useful Framework: The Rule of Five

One method that can help new officers understand and articulate probable cause is called the “Rule of Five.” While it’s somewhat arbitrary, it offers a practical framework for decision-making. Essentially, the rule asks you to think of five reasons why you believe evidence exists in the vehicle you’re about to search. These reasons can vary, ranging from specific observations to inferences based on the totality of the circumstances.

For example, you might notice a vehicle with unusual travel plans, like someone claiming to go to Disneyland during COVID-19, when the park was closed. This could raise suspicions of criminal intent. While there might not be an obvious indicator like a bank robbery bag in the backseat, you may gather clues based on odd behaviors, statements, or patterns that don’t make sense.

Convincing a Judge

Ultimately, the key to determining probable cause is thinking about how a judge would view the situation in hindsight. If a judge were to review the facts after the search, would they agree that there was a reasonable belief that evidence was inside the vehicle? If so, you have probable cause. If not, the search could be deemed unlawful.

The process isn’t always clear-cut, and it requires officers to consider the broader context of the stop. While five reasons may sound arbitrary, it’s a helpful guideline for newer officers to frame their thinking and evaluate situations in a more structured way.

Final Thoughts

As you continue in your law enforcement career, always remember that probable cause is about providing a fair and reasonable justification for your actions. When in doubt, think about convincing someone with a pure sense of fairness, someone who has no bias or prior knowledge of the situation. Can you make your case convincingly?

And if you ever want to dive deeper into this concept, I have an online course, “Advanced Traffic Stops,” that covers these topics and more.

Stay safe, and keep learning!