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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.
The court stated, â[i]f police have probable cause to search a car, they need not get a search warrant first even if they have time and opportunity.â In United States v. Johns,the U.S. Supreme Court upheld a search of a vehicle that had been seized and was in police custody for three days prior to the search.