on "wing span" searching of vehicle does this mean if they do not find anything in this area, is it then

Question

considered an unlawful search if they go beyond that area?, and if so is that for all states or which states? i mean if they don't find anything how can there then be probable cause to search the rest?

Answer 1

Well, I'm impressed that you know what a wing-span search is. But, for those who don't, I'll give a bit of explanation before answering your question.

The U.S. Supreme Court has ruled that a police officer can conduct what is called a "wing-span" search of a vehicle to protect their own safety. If a part of the vehicle can be reached by someone sitting inside the vehicle, the police are allowed to search it to ensure there are no weapons. This search is a search for strictly for weapons. However, if any evidence of a crime is found while the officer is searching for weapons, the evidence is admissable in court, as a by-product of a legal search.

The scope of a wing-span search is determined by several factors: 1. Size of vehicle. 2. Number of occupants in vehicle. 3. Size of occupants. 4. Position of occupants in vehicle. 5. Layout of vehicle interior.

In a small compact car, pretty much the entire inside of the car can be searched, even if there is only the driver in the car. But in a large SUV, that's not the case. If the only people in the SUV are in the front seats, then the police can search the front seats, under them, behind them, and to a point in the back where a person sitting in the front could reach. The back seats might be searchable, but behind them would not be. If there is someone sitting in the back, though, this area can be searched. Similarly, in a normal car, the trunk will not be searchable in a wing-span. But, if the back seat is folded down, or unlatched, allowing access to the trunk from the back seat, it could be a searchable area. Also on that note, an unlocked glove box is searchable, a locked on is generally not.

If a police officer finds any evidence of illegal activity, or something that gives him/her probable cause to believe a crime has been, or is about to be committed, then the officer can widen the scope of the search to include the entire vehicle. Many things can contribute to probable cause, and it can vary widely based on the circumstances.

If an officer searches a part of the vehicle that is not covered by the wing-span, and cannot articulate probable cause to have done so, then the part of the search that went beyond the bounds of the wing-span could be declared as illegal, and anything gained in those parts of the search would not be admissable in court. A judge is the only one who can officially determine whether the search was a legal or illegal one. If you feel like the officer did not have probable cause to extend the search, file a complaint with his/her supervisors and contact a respected civil rights attorney in your area.

The basis for a wing-span search was determined by the U.S. Supreme Court, so it is true in every part of the United States.

P.S. - On a related note, and many police officers are not even aware of this, but the Supreme Court recently widened the scope of a wing-span search under a particular set of circumstances. If a police officer has legal contact with a person, the officer can conduct a pat-down search of the person. That has long been the case. But the Court has said that if the person is standing next to an unlocked vehicle, the police can conduct a wing-span search of that vehicle for officer safety, as it is reachable by the person within a few seconds. Seldom used, but good to know.

Answer 2

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Answer 3

there really isn't a "wing span" search of a vehicle. Theoretically, anything within an occupants grabbing area is ok for the p.o. to search (providing that there was a search incident to lawful arrest "SILA"), and that includes the glove box, back seat, etc. However, I don't think that they can search your trunk without your permission, unless they've arrested you and have impounded your vehicle to do an inventory search.

Answer 4

never heard your term. was it a gang banger who gave you that term?