smelled alcohol on the breath of passenger. not the driver
2006-09-12 11:22:20 · 16 answers · asked by Dianne R 1 in Politics & Government ➔ Law Enforcement & Police
As someone else mentioned, a lot of that depends on what you mean by "ask". Did he request it or order it? He can ask to search you or your car at any time. If the officer asked if he can search your or you car and you said yes, then he can search. The rest is a bit more involved.
On a traffic stop, if an officer has "reasonable suspicion" that a crime has been committed, then he can have everyone in the car step out. The officer can then conduct a pat-down "search" of each person. This consists of patting down the outside of the clothing feeling for weapons. If the officer feels something that, based on his training and experience, he thinks might be a weapon (even lighters and pens can be used as a weapon), then the officer is allowed to go inside the pocket and retrieve that item. The same goes if the officer feels what he has reason to believe is drugs or anything else illegal. If the officer does not feel anything suspicious, then they cannot go in the pockets.
With that reasonable suspicion, the officer is also allowed to conduct a limited search of the vehicle. The officer conducts what is referred to as a "wing-span" search. This search covers any area of the vehicle that could be reached by the occupants of the vehicle. If anyone in the car could reach it, he can search it. This includes an unlocked glove box, but not a locked glove box. If the officer uncovers any evidence of illegal activity, then the officer can then conduct a more complete search of the vehicle, up to and including the trunk, depending on what they find.
An odor of alcohol, an odor of marijuana, driver/passenger acting extremely nervous/fidgety, excessive movement in the car, etc., are all things that would provide reasonable suspicion to the officer. Also, depending on the traffic conditions where the stop is made, the officer is allowed to have you step out of the car and to the rear of the car for his own safety. That way, he's not standing in traffic. And anytime the officer has a reason to have you step out of the vehicle, they have a right to conduct that pat-down for their own safety.
2006-09-12 19:35:31 · answer #1 · answered by RJ 4 · 1⤊ 0⤋
If the Police Officer (Smelled) Alcohol in the Vehicle then the Officer did have a (Right) to ask the Driver to step out of the Vehicle...Please Remember, you do not have the (Right to Drive a Vehicle---- You only have a (Privilege to drive) according to the United States Department Of Motor Vehicles. The Driver is Responsible for his/her Passengers. rumeoui !!!
2006-09-12 11:54:59 · answer #2 · answered by rumeoui 3 · 0⤊ 0⤋
The key word here may be 'ask'. They can 'ask' you to do anything. I think you want to know is they can 'order' you to get out of the car. If they smell alcohol, I think that's probable cause to have you get out of the car. I was once pulled over because the officer thought I might be drunk. Actually I was very tired which is not much better. They asked me to do a field sobriety test, but did not search me or the car.
2006-09-12 14:10:26 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
The answer to this question is a big yes....."if" they have "probable cause" in which this case they do (alcohol oder).......then they have the right to ask you and your passengers to step out and they now have the right to search you and your vehicle whether your placed under arrest or not.
2006-09-12 11:38:34 · answer #4 · answered by steve m 1 · 0⤊ 0⤋
it may well depend on the state, each state has its own probable cuase rules.
But where I worked, yes if there is a "smell" of alcohol on the breath ( in the vechile) they can ask you to step out.
and actually they can ask you to step out for any reason on any traffic stop, But they can only "look" where they can see unless they have cause to actually search.
Also what was the traffic stop for ? Normally there are a list of activities or types of driving that makes them suspect drinking.
2006-09-12 11:29:59 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Unfortunately yes, but if you ever get pulled over for on a DUI charge you can demand to be taken to the hospital for a blood test which is usually more accurate then a breathalyzer. I've known people who have gotten out of DUIs this way.
2006-09-12 11:25:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Absolutely. For his safety, as well as yours or anyone else who may be around. If he smells alcohol, he's going to have oyu step out of the car 100% of the time.
2006-09-12 12:54:28 · answer #7 · answered by Guardsman 2 · 0⤊ 0⤋
If they have probable cause such as contraband in there view. If not they can ask for consent to search and if you don't give consent they can hold you til a drug dog gets there and if the dog hits on your car they can search.
2006-09-12 16:12:20 · answer #8 · answered by Barry DaLive 5 · 0⤊ 0⤋
i'm interior the united kingdom and police can purely seek automobiles in the event that they have a seek warrant or there is evidence that some thing is suspicious. i could be greatly surprised in the event that they stopped me yet could enable them to hunt if i had no longer something to cover.
2016-11-07 04:56:52 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Yes if they suspect u having something they can search u.
2006-09-13 16:03:20 · answer #10 · answered by Brian S 2 · 0⤊ 0⤋