If 1 person was arrested (passenger) for a pipe and the car need not be impounded which meant the driver could drive the car away can a search of the trunk be tossed? PLEASE READ BELOW!
to the general requirement for a warrant to search private property. This exception exists because an auto, unlike a house, can be moved out of reach of the law fairly easily.
The courts have long said that when a vehicle is stopped for a legal reason, the police can search the area within arm’s range of the driver without a warrant, provided there is probable cause and not just a hunch that further wrongdoing is suspected (for example, that drugs are involved) or if the driver is arrested so that the search is incident to a lawful arrest. , the trunk could not be searched under the circumstances unless the officers were given express permission. However, there is one caveat. If the car had to be impounded, the trunk could be searched for the purpose of conducting an inventory of the contents of the c
2006-09-02
19:38:30
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10 answers
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asked by
carebarri
2