Imagine two officer's see a suspicious vehicle in a high drug traffic area. They suspect that the vehicle is involved in a drug transaction but have no probable cause to stop it. They follow the vehicle, and eventually it makes a turn without signaling. When the traffic violation occurs, the officers stop the vehicle, and when they look in the window, they see drugs and arrest the driver. Is the search permissible? Why or why not?
thanks in advance!
2006-10-02 14:25:06 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes. The Supreme Court has ruled in many cases that for a stop to be legal, it must have an objectively reasonable justification. An observed violation of the law provides this justification. Even if the stop was a pretext for looking for the drugs, as long as there was an objectively reasonable justification, the stop is legal.
Once the stop was made, there was no search. Looking in the window is an exception to the 4th Amendment called the "Plain View" doctrine. This states that you have no reasonable expection of privacy (the basis of the 4th Amendment) if the object is in plain view to any person who is legally where they might be. The officer is legally on the street, the stop is legal, and the drugs were in plain view. Bust will hold up.
2006-10-02 15:14:28 · answer #1 · answered by Steve R 3 · 0⤊ 0⤋
Officers tell us all kinds of stories at my job. If the vehicle is in a high drug traffic area it is automatically suspicious. If they followed the vehicle and it didn't use a turn signal, that was the probable cause to stop the vehicle. When they look in the window and the drugs are in plain sight, it is absolutely permissible to search the vehicle. They've seen the drugs, they don't need a warrant and the probable cause is that there are already visible drugs in the car so they need to search the rest of the car to be sure there is nothing else. That's a pretty run of the mill stop.....nothing unusual. Granted, a lot of people feel violated by the police for good reason, but come on...if they have drugs in the car, don't complain about getting caught. That's the risk taken when the decision to do that activity is made.
2006-10-02 14:32:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Know your rights!
http://www.aclu.org/police/gen/14528res20040730.html
Having the drugs in plain sight is probable cause for a search. However, just being stopped for a moving violation doesn't.
2006-10-02 14:38:47 · answer #3 · answered by Scott E 3 · 0⤊ 0⤋
Yes, anything that is visible to the officer is legit. Ever seen a show where cops say, "I hear someone screaming for help, how 'bout you"? They don't really hear anything, they just have probable cause. Not saying I don't support the use of that tactic, it works, it's one of the few loopholes I don't have a problem with in our gov't.
2006-10-02 14:29:25 · answer #4 · answered by Jason 1 · 0⤊ 0⤋
yes because if they see the drugs then the person driving the car/ all of the people in the car are in possession of the drugs
2006-10-02 14:28:17 · answer #5 · answered by Zach S 1 · 0⤊ 0⤋
They must have stopped the vehicle when doubt arised. No need to wait.
2006-10-02 14:37:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The driver has comitted a crime, therefore stopping it is permissible.
AND ANYWAY - LOOKING IN A WINDOW ISN'T SEARCHING SO THEY COULD HAVE DONE THAT AT ANY TIME
2006-10-02 14:27:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
sure, they can follow anyone they want, as far as they want, and as long as they want, and who is gonna say that is harassment, especially if those people involved have a car full of drugs.
2006-10-02 14:28:24 · answer #8 · answered by rand a 5 · 0⤊ 0⤋
yes they can search because they only looked in the window so they didnt really go in your vechicle until after they found what they found.
2006-10-02 14:34:48 · answer #9 · answered by betyloveschips 1 · 0⤊ 0⤋
I think if they stop you , they can look for anything they want if they suspect something.
2006-10-02 14:28:36 · answer #10 · answered by lexi 2 · 0⤊ 0⤋