If a person gets stopped by the cops for a traffic violation........?

Question

........and the cops find drugs on the driver, can the cops then go to the driver's residence listed on his license and conduct a warrantless search of the premises?

Answer 1

No.

An officer may search the vehicle if he has reason to believe there is contraband in the vehicle...this is known as probable cause.

The officer may also search the vehicle if a person is arrested out of the vehicle....this is known as search incident to arrest.

The officer can do an inventory of the vehicle if it is to be towed.

There is nothing saying that after all this is done that the officer can go to your home and conduct a warrantless search....however........

If the officer believes there is more contraband at your residence and he can present enough probable cause to a judge, then he may be able to obtain a warrant and then go search your house.....or.........

If while speaking to the person arrested and after having advised them of their Miranda Rights, I have on one occasion had the arrestee give consent to search his house for more drugs. The guy did this of his own free will in hopes to show his cooperation with law enforcement for a lesser sentence. It worked. I followed the case all the way through the proceedings. Since the guy was cooperative with police, the judge was a lot more lenient.

Answer 2

No, they can't search the driver's residence, especially without a warrant. There is no proof that the drugs came from there or from somewhere else, so there wouldn't be enough probably cause to execute a warrant. Warrantless searches are generally conducted only subject to arrest, and since the arrest is not happening at the home, they couldn't justify it.

Answer 3

No. You can only make a warrantless search into a house if
1) Hot pursuit, chasing someone 2) plain view, you can see it through the window 3) if you have an arrest warrant on an individual living there and then you can only search where a person could hide 4) if there is a crime going on in the house, IE fight, domestic violence, etc 5) you give consent to search 6) a protective sweep

Answer 4

No, not without a court order. Now, if the driver stopped close to him home and was being chased on foot by police and he ran into his house, the officers will in pursuit can enter in the attempt to apprehend you (effect the arrest), and in the course of arresting you, see in plain view drugs and or proceeds from drugs, then can include it, but to search areas other than where they actually catch you, it is best to have a warrant, once you have been placed in custody and no longer a threat, a warrant would be obtained to search the residence and strengthen their case against you. This also varies from state to state????

Answer 5

Depending on how much they find, they may have probable cause to search the drivers residence as well.

Answer 6

Not unless the drugs were of sufficent amount to lead the police to believe you're a dealer, and/or if there's evidence in your car that you're dealing drugs out of your house. If they get the judge to approve the warrant, you're screwed.

The simple solution to this is not to do drugs.

Answer 7

No, probable cause would not extend beyond the vehicle and person. A warrant would be needed to search elsewhere

Answer 8

because you do not recognize if/what you've executed incorrect and the cop has authority therefore you're probable "in difficulty". you would possibly want to do your maximum acceptable no longer to do some thing incorrect and be humble in case you probably did, be respectful to him and he's often spectacular to you.

Answer 9

Absolutely not. BUT, if they find a quantity that causes them heartburn you can bet the warrant will be waiting for them by the time they get there.

Answer 10

No. They can only bust you for possession of the drugs in your car.