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The Probable Cause Exception. Police may search a vehicle if there is probable cause to believe that the car contains evidence of criminal activity. For example, if a car interior smells like marijuana, the police can search the vehicle. Under this exception, the police can search the car trunk or containers where contraband could be found.
What the law says. Police can get phone records without a warrant thanks to Smith v. Maryland, a Supreme Court ruling in 1979, which found that the Constitution's Fourth Amendment protection against unreasonable search and seizure doesn't apply to a list of phone numbers.ow they get it. Listening to your phone calls without a judge's warrant is illegal if you're a U.S. citizen. But police don't need a warrant â which requires showing probable cause of a crime â to get just the numbers you called and when you called them, as well as incoming calls, from phone carriers.