Officers are aware of key loopholes that give them an advantage over the situation if they feel a search might turn up evidence or contraband even if there aren’t any obvious clues. It’s important to realize that simply understanding what police are looking for in order to establish probable cause during a stop won’t be enough to prep you for an actual real life encounter. If you’ve ever had an encounter with police, you’re probably well aware of how stressful these situations can be when officers begin pressuring you for answers. So, how do you stop police from searching your car in the first place? If you’re stopped for speeding, have a broken tail light, or are driving with expired registration, these are not grounds for a legal vehicle search. Traffic violations on their own are not enough to constitute probable cause. Some of the most common examples of observations made by police which constitute probable cause include visible contraband in the vehicle, the smell of contraband coming from inside the vehicle, or some sort of admission of guilt from the driver or a passenger inside the car. Before conducting a search, the officer must observe or sense something real. Probable cause is not the same as a hunch and most law enforcement officers are well aware that acting on a hunch alone can seriously jeopardize their actions. In other words, they must have facts or evidence to reasonably believe you’re currently involved in some kind of criminal activity. In Wisconsin, police only need probable cause to legally search your vehicle. In many circumstances, officers are bound by the need for a court-approved search warrant before conducting a legal search, but vehicle searches are different. When we think police searches, warrants almost always come to mind.
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