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LEGAL EASE

Can the officer really

do that to me?

By George F. “Rick” Evans, Jr., General Counsel, BCMS, Evans, Rowe & Holbrook

Ever wonder what rights a police officer really has? Not that you’d Can the officer search your car? Many officers will ask you to
challenge an officer, but I bet there are times when you ask yourself search the car. If you give permission, then obviously the officer
what authority does an officer actually have in the event you were has the authority to proceed. But what if you don’t want your car
pulled over or stopped for questioning. In a prior article, I already searched? What then? Well, the officer may legally conduct a search
addressed your rights in the context of a stop for possible DUI. only if there is “probable cause” you’re involved in some type of
But, as part of a series of articles on “everyday law,” let’s continue criminal or illegal activity. Common examples would be the smell
with that theme and discuss things apart from DUI. of some drug or the presence of some contraband or illegal or sus-
Can you be ordered out of your car? Short answer: yes. The picious item in plain view of the officer. Also, if you are arrested
more complicated answer is that the officer needs just cause to stop for some other reason, the police may impound your car and, as
you in the first place. Speeding, expired tags, failure to use a turn part of that process, are entitled to do an inventory search of it.
signal, a broken taillight, etc. are all examples of just cause. Do most But, they can’t arrest you as a subterfuge excuse in order to search
officers require drivers to exit the car? Of course not. But, make no your car. The basis for your arrest has to be proper in the first place.
mistake, it’s within the officer’s legal right to ask you to do so. If And being stopped for a routine traffic violation is not a sufficient
the officer asks you to exit your vehicle, do it. End of story. arrest to justify a search of the car. You have to be arrested for

30 San Antonio Medicine • April 2018