Police officers pull over thousands of American drivers for routine traffic stops every day. Even if law enforcement spies your malfunctioning brake lights or suspects you of driving under the influence, they’re within their power to pull you over. However, police conducting a traffic stop cannot search your vehicle or confiscate your property. That is, not without due cause.

Police officers can confiscate your property at a traffic stop under very specific circumstances

Fortunately, police officers are bound by the laws of the United States of America. One such regulation is the Fourth Amendment of the U.S. Constitution, which “protects people from unreasonable searches and seizures by the government,” per the United States Courts. That includes your car and its contents. 

However, let’s say a law enforcement officer (LEO) pulls you over on the suspicion that you’re driving under the influence (DUI). They’ll almost certainly pull you over, tell you why they pulled you over, and request that you take a breathalyzer test on the spot. 

Now, if you blow over the legal limit (typically a 0.08 BAC) or refuse a breathalyzer and fail a subsequent field sobriety test, officers are likely to arrest you. It doesn’t stop there, though. No, LEOs can then search your vehicle. If they find contraband, dangerous implements, or illegal substances, they may confiscate it without your permission. Frankly, anything they confiscate could be present as evidence in court.

That said, if a police officer pulls you over for a routine traffic stop with no reason to arrest you, they’ll require a warrant to search your vehicle and confiscate your property. There are very few exceptions to this rule.

For instance, if a police officer pulls you over for a safety issue like missing mirrors, they can’t confiscate your property. However, if they see something illegal, like an illegal weapon or substance, they can search your vehicle and confiscate illegal contents, per the Kentucky Association of Criminal Defense Lawyers (KACDL).