Could anyone help me out by telling me the exact laws, as well as any exemptions from the law, about the rights of a Pennsylvania citizen during a traffic stop (whether it be a traffic violation or some other reason)?
2006-11-30 22:24:19 · 7 answers · asked by eons203 1 in Politics & Government ➔ Law Enforcement & Police
is the presence of a marijuana-like odor give probable cause? because i was under the impression that it has to be tangible evidence to warrant probable cause. is this true?
2006-12-01 12:42:57 · update #1
If you have warrant or are serving probation, they have the right to search no matter what. Some offenses warrant search based on the judgment of the police officer, unsafe driving, threatening or harassing passengers or the police officer.
2006-11-30 22:38:47 · answer #1 · answered by J G 4 · 0⤊ 0⤋
You answered your own question. Yes the presence of a marijuana like odor is probable cause. The odor would have to be eminating from something. The traffic violation was the primary reason for the stop, the search was done based on probable cause (marijuana like order). Had there not been the odor you probably would have gotten a simple traffic ticket.
2006-12-02 01:44:14 · answer #2 · answered by GIOSTORMUSN 5 · 0⤊ 0⤋
When you or your car is allowed to be searched is governed by the Constitution and the 4th Amendment, not State Law!! Some made the comment that they could search your car if you were serving probation, which is not true. In order to search your car during a routine traffice stop, the officer must have probable cause that you have or are committing a crime. An officer can't search your car because you got pulled over for speeding for example.
2006-12-01 02:30:51 · answer #3 · answered by On Time 3 · 0⤊ 0⤋
they need reasonable suspicion that you are committing a crime to even pull over.and a traffic violation does that it even covers probable cause ,which is enough to arrest you. if you get pulled over no violation but your acting in a suspicious manor you can be patted down for weapons only if they feel something soft like a plastic baggie they can not remove it from your pocket.at any time your don't want play their game anymore you can ask am i being detained .no probable cause.they have to say yes. supreme court said so.the TERRY STOP RULING!
2006-11-30 22:46:01 · answer #4 · answered by terry a 2 · 0⤊ 0⤋
Why did they throw all your stuff out on the ground while you sit in the back of a squad car? Then they tore your seats with a knife looking for drugs? Oh that is simple it's because they can..... and trying to get them punised for it is a big waste of time.
2006-11-30 23:36:53 · answer #5 · answered by jack 6 · 0⤊ 1⤋
Probable cause and a few SCOTUS decisions.
2006-11-30 22:47:29 · answer #6 · answered by .45 Peacemaker 7 · 0⤊ 0⤋
provide more details like why you were stopped and what was said.
2006-11-30 23:22:39 · answer #7 · answered by spag 4 · 0⤊ 1⤋