Can the Police Search Me If They Pull Me Over?
Almost everyone gets pulled over by the police at some point. This is why a character getting stopped by the police is a common event in movies and television. Most of the time, in media and real life, getting pulled over means either a warning or an inconvenient ticket. In some instances, though, police may take advantage of a traffic stop to try and make an arrest. Many assume that once the police pull them over, it’s “game over.” People think that if they are pulled over, the police can do whatever they like, including search for the car, for any reason. This is not true.
Washington has strict procedures dictating when and how police can pull people over and perform searches of them and their vehicles. In many instances, unless police follow proper procedures and protocols, evidence from a traffic stop can be thrown out of court. If this happens, it can frequently lead to an acquittal, dismissal, mistrial, or some other beneficial verdict for the defendant. This is why if you or a loved one were arrested following a traffic stop in Seattle, it’s vital you contact our law firm’s dedicated defense attorney.
When Can a Police Officer Pull Me Over?
Many people think the police can pull any driver over for any reason. This is not true. Police officers must have a specific purpose for pulling someone over. As of 2025, Washington is pursuing legislation that would further restrict police traffic stops. Acceptable reasons include but are not necessarily limited to:
- The Driver Committed a Traffic Offense
- The Driver Committed a Crime and is Fleeing
- Reasonable Suspicion (Including DUI)
- Probable Cause
- There is a Warrant Out for the Driver’s Arrest
Reasonable suspicion is a legal standard that says police may search someone if the officer has a justifiable reason to suspect a crime has been committed or may be about to be committed. Probable cause is a different legal standard. It permits an officer to make an arrest or request a warrant based on evidence indicating a crime probably took place. While only reasonable suspicion is necessary to conduct a search, probable cause is essential for an arrest.
If an officer has neither reasonable suspicion nor probable cause, they may not search your vehicle or make an arrest. This means that if you are pulled over and an officer subsequently searches your vehicle and makes an arrest, the State must demonstrate in court there were reasons for the officer to stop, search, and arrest you. If a defense attorney can show the officer failed to follow proper procedure, they can request to have any evidence collected from the stop suppressed. If this evidence is successfully suppressed, the case can be thrown out of court.
For example, suppose an officer pulls someone over. The driver cooperates, but the officer searches the vehicle anyway. During the search, the officer finds marijuana in the glove compartment and arrests the driver. Unless the officer can demonstrate in court that the driver is displaying signs of intoxication, a defense attorney may be able to have the evidence suppressed based on a lack of reasonable suspicion. This is only one example of a situation where a defense attorney may be able to suppress evidence from a traffic stop.
What is a Terry Stop?
You may have heard the term “Terry Stop” regarding getting pulled over. A Terry Stop occurs when a police officer reasonably suspects that a driver may have committed a crime. A Terry Stop permits an officer to stop and perform a brief frisk on someone. This may include a search limited to areas of a car a driver could reach from their position behind the wheel.
Terry Stops are dictated by specific rules and regulations like all traffic stops. If an officer cannot demonstrate they had reasonable suspicion or probable cause to perform a Terry Stop, a defense attorney may still be able to have evidence suppressed.
Can the Police Search Me Just Because They Pulled Me Over?
No. Being pulled over does not automatically grant the police the right to search you. Washington prohibits what are called “Pretext Stops.” A Pretext Stop occurs when an officer knowingly pulls someone over for a minor violation intending to perform a search to obtain evidence to make an arrest.
For example, if someone had a tail light out, an officer hoping to make an arrest may pull them over on the pretext of giving them a citation and then go on to perform an illegal search of the vehicle. Again, officers must reasonably suspect that a crime is occurring, has occurred, or is about to occur to justify a vehicle search. A minor moving violation is often insufficient to justify a search. In these instances, officers are hoping to find incriminating evidence.
Many people do not know their rights and may become intimidated. Even if an officer does find evidence to make an arrest, if a defense attorney can prove in court that it was a Pretext Stop, they may be able to suppress the evidence. If you or a loved one were pulled over in Seattle, you must contact our firm’s dedicated and experienced defense attorney.
What Should I Do if I’m Arrested After a Traffic Stop?
Being arrested can be frightening. It can be especially terrifying if you are arrested after what seemed to be a routine traffic stop turned into something else. Police in Seattle cannot just pull anyone over and arrest them for any reason. If you or a loved one were arrested following a traffic stop, you must immediately contact the Law Offices of Kevin Trombold, PLLC. Kevin Trombold is a dedicated defense attorney who has successfully represented hundreds of Washingtonians. He can review the facts of your case and help make the best determination for how to proceed.
Washingtonians should be able to go about their daily lives without fear they’ll be stopped, searched, and potentially arrested without good reason. If that happens, Kevin Trombold is here to help. If you or a loved one were arrested following a traffic stop, don’t hesitate to call us today for a free consultation at 206-590-7667.