5 Things You Shouldn’t Have in The Car During a Traffic Stop

You see the red and blue lights flashing in your rearview mirror. Your heart pounds as the officer approaches your car window. You’ve been pulled over, and maybe you’re not even exactly sure what you did wrong—or maybe you’re surprised you got caught for a “minor oopsie” like a slow-roll through a stop sign or catching the tail end of a yellow light that turned red.

But it happens. And if it does, one thing you want to avoid is having a “minor oopsie” turn into a major uh-oh. Although each state has its own laws and penalties for traffic violations, there are a couple of items that you should never have in your car if you want to avoid more trouble than just a moving violation.

You don’t have to be breaking the law to raise suspicion and create a legal headache for yourself. What many drivers don’t realize is that perfectly legal items inside a vehicle can raise suspicion, prolong a stop, or create unnecessary legal complications—even when no citation is ultimately issued.

Below are five items you generally should not keep in your car if you want to minimize problems during a traffic stop in the United States.

1. Open containers of alcohol (even if you aren’t drinking)

Most states have open container laws that make it illegal to possess any open alcoholic beverage in the passenger area of a vehicle, regardless of whether the driver is intoxicated. When you’re involved in a traffic stop, if the officer spots an open container, it could immediately escalate the situation into a DUI-related investigation.

If a beverage is sealed but appears to have been tampered with, is partially consumed, or a cup has the aroma of alcohol, it could prompt a field sobriety test or be considered probable cause for a vehicle search.

The important points and legal context:

Most states prohibit open containers in the passenger compartment
Many states extend this rule to both drivers and passengers
Violations may lead to fines, points, or DUI investigations

What should you do instead?

Transport any unopened alcoholic beverages in the vehicle’s trunk or in a locked cargo area.
Keep beverages in store-labeled bags with receipts.
If you’re transporting open beverages (i.e. leftovers from a party or restaurant), be sure they are re-sealed according to your local law, or placed in an area that’s out of reach and inaccessible to the vehicle’s occupants.

There are two instances in which you should take extra care to avoid any alcohol in the vehicle: First, a driver who is not yet 21 is subject to some zero-tolerance laws. Even a trace of alcohol could result in a suspended license. Second, if you’re a rideshare driver and a passenger leaves alcohol behind in the car, this becomes your responsibility. Check the seats and floor when passengers leave to ensure that no alcohol remains in the vehicle.

2. Prescription medication without its original label

Loose or unmarked pills—particularly opioids, stimulants, or benzodiazepines—can be indistinguishable from illegal drugs. If you’re subject to a traffic stop, the officer may question ownership, dosage, or prescriber information. This could lead to seizure of the pills or even an arrest, until the pills are verified.

Many states require prescription medication to be stored in its original labeled container; if not, you could be cited for unlawful possession. You could be delayed during a traffic stop until roadside verification can take place.

What should you do instead?

Keep medications in pharmacy-labeled containers.
Carry only what you need for that day or that period of travel, and keep it in a clearly-labeled travel case.
Store medications at home when possible; avoid keeping them in the car when you can.

If you’re a teen driver (or the parent of a teen driver), be sure to note that sharing prescriptions is illegal and typically is aggressively enforced.

3. Large amounts of cash

Certainly, it’s not illegal to carry cash. However, it can raise a red flag if you’re pulled over. The officer might suspect drug activity, theft, or money laundering. In some situations, the cash could be seized under civil asset forfeiture laws, even if there are no criminal charges.

Again, cash is legal. However, some states permit seizure if the officer has probable cause. It can be difficult and time-consuming to recover seized funds.

What should you do instead?

If possible, plan to use debit or credit cards for your spending while traveling.
Keep documents/receipts of cash deposits and withdrawals.
Avoid transporting a large sum of money unless it’s absolutely necessary.

This might be especially concerning if the driver is a teenager. An officer might question the source of a large amount of cash, which could lead to other issues.

4. Weapons (or items that could be used as weapons)

A legal firearm, knives, batons, or even tools that resemble weapons can instantly change the tone of a traffic stop. The officer will likely remove occupants from the vehicle, conduct searches, or temporarily seize items for safety reasons.

Laws on transporting firearms vary widely from state to state, but even if it’s legal, improper storage can be a violation. Jurisdictions also vary on disclosure requirements. In other words: If you’re traveling with a firearm, be sure your carry license is up to date, know the laws for storage, and be aware of the duty-to-inform law in your state.

What should you do instead?

Transport firearms unloaded, locked, and stored separately from ammunition.
Avoid leaving weapon-like items visible or within reach.

5. Excessive clutter or “suspicious” items

Clutter isn’t illegal. Some of us are messy (we can own that!). This isn’t about toddler mittens, empty juice boxes, or random toys in your back seat. Things that typical people drive around with—athletic gear, reusable grocery bags, boxes of tissues, an umbrella, and similar—are not suspicious. We all have those things, and that’s expected, even if your car is a little messy. Items like multiple phones, gloves, masks, crowbars, or backpacks full of random gear could suggest impairment, homelessness, theft, or criminal activity.

In other words, clutter isn’t illegal, but it could contribute to probable cause when combined with other factors. Whether the items are visible during a traffic stop also matters.

What should you do instead?

Keep your vehicle organized.
Store tools and equipment in labeled containers.
Remove items unrelated to daily driving.

What is probable cause during a traffic stop?

Probable cause is the legal standard that allows law enforcement to conduct a search or make an arrest. In simple terms, it means an officer has specific, articulable facts that would lead a reasonable person to believe a crime has been committed and that evidence of that crime may be found in a particular place (such as your vehicle).

This standard is higher than “reasonable suspicion”, which only justifies a brief stop or investigation. It’s lower than proof beyond a reasonable doubt, which is required for conviction in court. Probable cause must be based on observable facts, not a hunch or general curiosity.

Once the officer has probable cause, they may lawfully search the vehicle without a warrant. This is a well-established exception to the Fourth Amendment, which provides Constitutional protection against unreasonable search and seizure. This would require the police to obtain a warrant before conducting a search, but a traffic stop is an exception.

What are examples of probable cause for a search during a traffic stop?

An officer might have probable cause to search the vehicle if they observe:

The smell of alcohol or marijuana in the vehicle or on the driver
Suspicious items like open beer cans, drug paraphernalia, and other things, in plain view
An admission by the driver or passenger (such as that they had a drink earlier)
Impairment, like slurred speech, bloodshot eyes, or poor coordination
Evidence of another crime, such as fake plates, altered VIN, or stolen property

When may an officer perform a search and seizure without a warrant?

Exceptions to the Constitutional amendment that protects against unreasonable search and seizure include:

Plain view doctrine. If an officer lawfully stops your vehicle and sees evidence of a crime in plain view, they may seize it without a warrant (as mentioned, this could include pills, weapons, etc.).
Automobile exception. The court allows officers to search a car without a warrant if they have probable cause to believe it contains evidence of a crime. Once triggered, officers may search areas of the vehicle where the suspected evidence could reasonably be located (including the trunk).
Search incident to arrest. If a driver or passenger is lawfully arrested, the officer may search that person, the immediate area within their reach, and passenger compartments.
Consent. An officer may search a vehicle without a warrant if the driver (or a passenger) gives consent, but many drivers don’t realize they may decline if asked.
Protective sweep for officer safety. Officers may conduct a limited search to ensure their safety, particularly if there are visible or loosely stored weapons.

The key to minimizing any interactions with police and consequences to follow is that probate cause often develops from small, avoidable details. If you’re conscious about what’s visible, what’s smelled, or what you say during a stop, you can potentially save yourself a major headache.

Always keep your vehicle: