During the course of a typical traffic violation scenario with police, if the officer asks for I.D. on a passenger and subsequently finds that person is a convicted felon but is not in violation of anything, can the driver be deprived of his Fourth Amendment right of illegal search and seizure simply by association with such person? This is assuming a routine traffic stop with driver having a spotless traffic and criminal record. Thanks!
2006-11-14 08:36:06 · 10 answers · asked by joeguitargod 1 in Politics & Government ➔ Law & Ethics
yes, I do beleive so
2006-11-14 08:45:13 · answer #1 · answered by Star 4 · 0⤊ 0⤋
Depends on what the felony conviction is for. If for drugs, then the officer will have probable cause to suspect there might be drugs in the vehicle, or on either person. Have you ever heard the expression, "Guilt by association"? You are judged by the company you keep. Associate with a convicted felon and it will draw attention to yourself.
2006-11-14 08:42:13 · answer #2 · answered by stephen p 4 · 1⤊ 0⤋
Of course. If the officer has a reason. Or suspects something is amiss. Otherwise no.... Like open containers, drugs, weapons. Any # of Things allows for searches. But, you can deny the officer the action by citing your 4th amendment rights. And, if he/she wishes to push the issue he can detain you until the warrant arrives. At which time your car will become highway litter
2006-11-14 08:41:58 · answer #3 · answered by devilduck74 3 · 0⤊ 0⤋
All searches are subject to the requirement that they be preceded by probable cause.
"Stop and frisk" is one exception, as is a scenario where the suspect grants consent to search.
So, yes, the driver can be searched without violating his 4th Amendment rights as long as the officer is doing so to secure the scene for his own safety while he questions the detainees.
2006-11-14 08:40:17 · answer #4 · answered by rustyshackleford001 5 · 1⤊ 0⤋
hell yes that is guilty by association....but really that does give the officer probable cause to search if the convicted felon in the vehicle was convicted of some type of controlled substance felony and it also depends on which state you live and of course dont want to sound racists or anything but it depends on the color of you skin also
2006-11-14 08:53:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yeppers, welcome to the real world. You can be NCIC,&DMV clean, and if your subsequent traffic violation find you with a convicted felon riding shotgun, the search is merited. It is called "probable cause", which is standard procedure during traffic violations, even more so with a felon, given his terms of parole.
2006-11-14 09:00:46 · answer #6 · answered by Battlerattle06 6 · 0⤊ 0⤋
I suggest you Google "search and seizure"
There's a little thing called "vehicle inventory", too. And "search incident to valid arrest". You may also want to look up previous court cases that will put a damper on your "Fourth Amendment rights".
2006-11-14 08:45:53 · answer #7 · answered by Anonymous · 1⤊ 0⤋
No although you may flow to court and request the violation receives esponged. If that is a legal i desire they don't do it. Felonys could proceed to exist peoples information although something twenty years in the past with a very good existence and no violations after it really is not counted adverse to anybody.
2016-11-29 03:36:39 · answer #8 · answered by ? 4 · 0⤊ 0⤋
you have the right to refuse the search, that's why the police officer asks you if he can search your car.
this only goes for when the officer has no reason to suspect you of any wrong doing.
However if the officer has reasonable suspicion he/she can search your car with out your permission
2006-11-14 08:42:48 · answer #9 · answered by TEXAS TREY 3 · 0⤊ 0⤋
No. No crime was commit ed, therefore the officer has no probable cause to search your vehicle at all. He may want to ask you, and indeed can, but of coarse you have the right to tell him no.
2006-11-14 08:41:05 · answer #10 · answered by billy d 5 · 0⤊ 0⤋