APOST Legal Practice Exam

The key rule is that a vehicle can be searched without a warrant after a lawful stop if either there is probable cause to believe the vehicle contains evidence or contraband (the automobile exception), or the occupants voluntarily consent to the search. Probable cause exists when there’s a reasonable basis to believe evidence or contraband is present in the vehicle, given the total circumstances. Consent must be real and voluntary, not coerced. These two routes cover all warrantless searches of a stopped vehicle: either the officer has probable cause to justify the search, or the driver or passengers agree to it. If neither condition is present, a warrant is typically required unless another exception applies.