Can Police Search Your Car Without Consent in Washington State?

In Washington, police can legally pull you over and in some cases demand that you get out of your car--even if they haven't told you what you allegedly did wrong.

We drivers don't have the legal right to refuse any of this. Some might argue that is not “freedom” in any sense of the word, but did you know the United States Supreme Court begs to differ?

The Case of Pennsylvania vs. Mimms - Why This Ruling Was Epic

In December of 1977, the United States Supreme Court overturned a ruling by the Pennsylvania Supreme Court. Pennsylvania vs Mimms 434 U.S. 106 became an historically epic decision because it henceforth declared that police safety trumps any other person’s individual Fourth Amendment rights at the time of being pulled over in their car. Justice Thurgood Marshall was one of the three judges who dissented. ***

So, yes, police do have the right to make you get out of your car due to their Fourth Amendment rights. This does not mean, however, that any officer can start searching you or your car during a traffic stop, even if you are lawfully detained. That falls under a different umbrella!

Read More: How Old Do You Have to Be to Mow Lawns in Washington?

Know Your Rights

On the Street:

• If you get pulled over by police on the street, Seattle.gov has some tips and suggestions.

In Your Car:

• If you get pulled over in your car and the officer tells you to get out and then starts going through your stuff in your car, stay calm, tell them if you do not consent to the search, ask if you are free to go and are being detained.

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Wait - Can Police Really Search My Car?

If you don't consent to a search of your car, law enforcement officers can do so anyway if:

• You literally say, “Yes!” or "Sure!" or otherwise verbally agree to them searching your vehicle
• If the officer thinks you just committed a crime or are somehow involved in one (that's called probable cause, mate)
• You just got arrested
• They think you're going to try to escape
• They decide to frisk you or pat you down because they think you’re carrying (or hiding) a weapon of some sort
• They have probable cause to think something in your car is suspicious

via GIPHY

The most important thing to remember is if an officer tells you to put your hands behind your back because they are about to arrest you, do not resist because that can be used against you in court as an added charge of "resisting arrest." Even if you feel you have done nothing wrong in the first place.

What Most People Get Wrong About Car Searches

Some drivers have been confusing the “it’s illegal for them to search my car” viewpoint with our laws surrounding illegal searches (and seizures).

Washington State Law RCW 10.79.040
Search without warrant unlawful—Penalty.
(1) It shall be unlawful for any police officer or other peace officer to enter and search any private dwelling house or place of residence without the authority of a search warrant issued upon a complaint as by law provided.

Warrants are only required to search homes and properties; this law does not list cars, trucks, and other driving vehicles.

***The Supreme Court opinions and dissents of the Pennsylvania v. Mimms, 434 U.S. 106 (1977) case are fascinating reads.