Generally the police would need to have reasonable suspicion with specific, articulable facts justifying the search. Many cops get around this, however, by asking "is it o.k. if I look in the car?" Many people - not knowing their rights - say "yes." If so, this would constitute a consent to search, waiving the violation of his rights. Schedule a consult with a civil rights lawyer in your area for a full assessment.  -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net