Understanding When Police Can Search Your Vehicle Without a Warrant

Understanding When Police Can Search Your Vehicle Without a Warrant

If a police officer conducts an unwarranted search of a vehicle you were in and discovers something that led to charges being laid, you may have grounds to have the charge thrown out.

The freedom from random vehicle searches is granted by s.8 of the Canadian Charter of Rights and Freedoms. It states, “Everyone has the right to be secure against unreasonable search or seizure.”

However, as a background document for s.8 notes, “Motor vehicles carry a decreased expectation of privacy in contrast to a home or office, given that the use of public highways is a highly regulated activity.”

Because of that “decreased expectation of privacy,” police can search your vehicle without a warrant across Canada in certain circumstances.

These situations are consistent with Canadian law and the privacy rights provided under the Charter.

If police have reasonable grounds to believe that your vehicle contains evidence of a crime, they can search without a warrant.

Reasonable Grounds: When Police Can Legally Search Your Vehicle

“Reasonable grounds” must be based on objective facts, not just suspicion. As the Supreme Court of Canada has articulated, it is the point where the “state’s interest in detecting and preventing crime begins to prevail over the individual’s interest in being left alone at the point where credibly-based probability replaces suspicion.”

Lawful reasons for unwarranted roadside searches include:

• The search is incidental to an arrest. If you are lawfully arrested, the police can search your vehicle without a warrant. This is typically done to locate weapons, evidence related to the crime for which you are arrested or items that could aid in an escape. The manner in which the search is carried out must be reasonable. Officers may also protect evidence from destruction.
• The search relates to safety concerns. If the police believe there is an immediate threat to public safety, such as a weapon in your vehicle, they can search without a warrant to neutralize that threat.
• You are impaired. After a roadside test indicates you are driving while impaired by drugs or alcohol, officers can search your vehicle for evidence without a warrant. That would include bottles of alcohol, drugs or drug paraphernalia.
• You give consent. If you voluntarily consent to a search, police do not need a warrant to search your vehicle. If they ask and you refuse, they must respect your decision.

If police have a lawful reason to impound your vehicle after a roadside stop, they are allowed to lawfully enter your vehicle to conduct an “inventory check.” That includes making a record of any visible content, but not tearing apartment upholstery or other interior features.

It is also important to point out that if an officer pulls your vehicle over for speeding or some other offence, they are allowed to look into the vehicle through the window. If they spot alcohol, drugs or indications that you or passengers were indulging in these items, they can search the automobile.

Cannabis in Your Car: Rules and Penalties for Improper Storage in Canada

Ontarians can legally transport up to 30 grams of cannabis in a vehicle provided it is in a sealed package that is not readily available to the driver or any passengers. The trunk is an ideal spot to transport these items. If you have a hatchback with no trunk, under the spare tire is an option.

If an officer looks in the window and sees cannabis that is not being secured properly, they can search the entire vehicle – and all of its occupants – without a warrant.

Under s.12(3) of the Cannabis Act (CCA), “A police officer who has reasonable grounds to believe that cannabis is being contained in a vehicle or boat” in contravention of the storage rules described above, may search that vehicle and anyone in it without a warrant.

The punishment for having open, accessible cannabis in a vehicle (or boat) is a maximum $100,000 fine, one year’s imprisonment, or both.

Consequences of Unlawful Vehicle Searches and How to Challenge Them in Court

In 2019 an Ontario man was pulled over by police for a minor traffic violation. A check of his licence revealed he had an outstanding assault charge and was prohibited from being within 500 metres of a nearby address. The notification also stated the man was believed to possess a firearm.

The driver was told to exit the vehicle and informed he was being arrested for breach of recognizance. A pat down revealed he had a small amount of marijuana in a satchel. Relying on section s.12(3) of the CCA, police searched his vehicle.

Such searches are common, court documents indicate, noting that a defence lawyer asked the officer, “How many Cannabis Control Act searches have you done at this point in your career?”

“Lots,” he replied. When asked to define “lots” he replied, “I do them every day. Every single day. Like every shift I work, I would say I do a cannabis search more often than not. Almost every single day.”

During their search officers discovered a Glock 9mm pistol lodged behind the glove box of the car and the man was arrested for possession of a firearm.

When the case came to court, the driver argued his initial detention was arbitrary. He also stated that the vehicle stop was racially motivated and in violation of his s.9 rights that protect against arbitrary detention.

The judge agreed that “the nature of the search here was extensive and intrusive … while there is a reduced expectation of privacy [in a vehicle, the driver’s] privacy rights here were flagrantly disregarded by the sweeping nature of the search.

After noting that “the charges themselves are serious,” the judge stated that routinely excusing “serious Charter violations would inevitably undermine the significance of Charter rights altogether … it is the long-term repute of the administration of justice which must always be considered.”

The judge dismissed the weapons charges.

Contact me for assistance

Generally speaking, police cannot search your vehicle unless they have reasonable grounds to do so. If not, your defence lawyer may be able to argue any evidence found is not admissible. If you or a family member are facing criminal charges in the Ottawa area, contact me for a free consultation.