Can I prevent the police from searching my vehicle on public roads?

In Spain, as a general rule, the police can search the vehicle without judicial authorization or without your consent in case they suspect that a flagrant crime has been committed, when there is an urgent need to preserve evidence, or when there is a reasonable indication that dangerous objects (weapons, drugs, explosives) are in the vehicle.

In this regard, Article 18 of the Organic Law 4/2015, of March 30, on the protection of citizen security, reads as follows:

"The agents of the authority may carry out such checks on persons, goods and vehicles as may be necessary to prevent weapons, explosives, dangerous substances or other objects, instruments or means that generate a potentially serious risk to persons, susceptible of being used for the commission of a crime or to alter public safety, from being illegally carried or used in public roads, places and establishments."

In addition, the article also specifies that "citizens have the duty to cooperate and not to hinder the work of law enforcement officers in the exercise of their duties".

However, there are occasions in which a court order is necessary to carry out a search in a vehicle: and our Supreme Court in judgments such as STS 598/2021 of July 7, or 83/2014 of February 13 has indicated that a caravan in which one or more persons have constituted their domicile, even provisionally, has the legal protection recognized in Article 18.2 of the Spanish Constitution, if any person has therein constituted his habitual residence or place where spheres of privacy of the individual are developed even provisionally, and therefore both caravans and motorhomes and camperized vehicles cannot be searched unless there is a court order of entry and the determination of whether or not a vehicle constitutes a de facto domicile is a factual issue to be analyzed on a case by case basis.

The Supreme Court has not established rigid criteria to determine when a vehicle can be considered a domicile, but it has pointed out that there must be circumstances that make it possible to identify the vehicle as a place where the individual's spheres of privacy are developed. For example, a residential vehicle, a caravan used as a habitual residence, or an automobile in which a person lives permanently or for a prolonged period of time, or the owner of the vehicle consents to the search, could be considered a domicile.

What you can do on the spot (practical steps)

• Remain calm and speak politely. Not physically resisting prevents aggravation.
• Ask for the reason for registration: "On what legal basis am I being asked to register the vehicle?" - if they don't give it to you, you can deny the registration.
• Do not sign anything you do not understand; consent must be free and voluntary.
• Record video/voice with your cell phone (as long as you do not endanger anyone): this is very useful evidence. Write down license plate number, time, and officer's badge or ID number.
• If objects are taken, always ask for a receipt or a receipt of what was seized.
• Do not obstruct police action (avoid insults or violence): you may be arrested for disobedience.
• Contact a lawyer if you believe your rights are being violated or if you are detained.

If you are not present (e.g., parked vehicle)

As a general rule, it is necessary for the owner of the vehicle to be present at the time of the search, in order to guarantee the right of defense and to be able to use this diligence later in the trial. However, a search of a closed vehicle may be carried out without consent and without a warrant, but it must always be based on clear indications (urgency, flagrante delicto). If the search is carried out without this cause, you can challenge it later and ask for the evidence obtained irregularly to be annulled (Ruling 387/2013 of April 24, 2013).

What NOT to do

• Do not attempt to physically impede the search.
• Do not agree to "consent" to registration under pressure; if you sign, it will be difficult to argue later that you did not give free consent.
• Do not throw objects to hide them: this may aggravate the situation (crime of destruction/occultation).

José Soler Martín - Lawyer