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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.
Probable cause requires stronger evidence than reasonable suspicion. In order to obtain a search or arrest warrant, a law enforcement agent must prove probable cause to a judge or magistrate. If a search or arrest is made without a warrant, the officer must prove that there was probable cause. Any evidence obtained without probable cause may be suppressed in court. There are four categories into which evidence may fall in establishing probable cause. Observational evidence is based on what the officer sees, smells, or hears. If an officer observes a suspicious person looking into car windows and carrying a baseball bat late at night, it would fall into this category.