If you are pulled over and issued a summons in leui of a ticket for a speeding violation, does it relinquish the officers right to pull the driver and passengers out of the car and search their person thoroughly, and then throw thier personal items on the car or ground? I know it relinquishes the officers right to search the passenger capartment of the vehicle, but I am wondering about the people. My understanding is that that would be a violation of the 4th ammendmant and considered unreasonable action
2007-02-07 07:27:07 · 8 answers · asked by azilria 1 in Politics & Government ➔ Law & Ethics
The short answer is yes.
If you are stopped by the police during a routine traffic stop you are technically under custodial arrest and the police are free to search you and the contents of your car if there is probable cause.
If you were removed from the car, the police would have the right to seach the grab areas of the car, but not the trunk since the trunk is not accessible to the suspects wingspan.
They are allowed to search your person for weapons, known as a Terry Stop/Frisk. They can only pat you down looking for weapons. However, even if their intent is to pat down for weapons, any other contraband (i.e. drugs) is subject to seizure and can be used as evidence against you.
This is a difficult area to deal with, but based on your question, everything you describe is within the tests of 4th amendment search/seizure.
2007-02-07 08:40:19 · answer #1 · answered by Peter 3 · 0⤊ 0⤋
There is no "search incident to citation." They can thoroughly search you and your "grabable space" (which includes the passenger compartment) if you're arrested--meaning taken into police custody.
There is also what is known as a "terry" stop. If officers have reasonable suspicion that a crime is about to be committed and that you are "armed and dangerous" they may "pat you down" ONLY for weapons. If, in looking for weapons during this pat down, they happen to find somethign else, then they can seize it (if it's contraband, of course).
It sounds like what the cops did there was a modified terry stop, but finding no contraband, just instead searched deeper and did not resepect your personal property. This does sound like a violation of the Fourth Amendment, but it would be very difficult for you to prevail on a civil action against the officer (because you probably suffered no damages, and the cops have the defense of "qualified immunity." Although it is worth it to seek advice of a qualified "civil rights / police brutality / Section 1983 [the section allowing for civil actions against officials violating civil rights under color of law]" attorneys. The consultation is often free.
If the cop discovered something in this search (like contraband) and now you're being charged with an additional criminal offense (like possession of a concealed weapon, controlled substance, etc.) then that's a different story. Tell your attorney ASAP.
2007-02-07 07:40:55 · answer #2 · answered by Perdendosi 7 · 1⤊ 0⤋
I think that this is mostly about probable cause. Did the driver or passenger give the police probable cause to search? Was there any reaching below the line of sight or strange behavior that would have provided the police with probable cause? The doctrine of probable cause grants the police a lot of lattitude with regard to searches -- especially when the polieman's person (meaning he is standing there available to bodily harm) is at risk from some questionable behavior on the part of the driver or passenger.
2007-02-07 07:36:54 · answer #3 · answered by Shibi 6 · 1⤊ 0⤋
of course...99% of ppl that get arrested are, if a cop tells u do something and u dont..that grounds for arrest...and if they needed a reason believe me they will make one up while ur behind bars...There isnt any on the spot justice if a cop is wrong..u go to jail, lose ur job and home while some review board looks into the allegations...
2016-05-24 03:46:24 · answer #4 · answered by Kerry 4 · 0⤊ 0⤋
Re: arrest - many may not know that on a traffic stop you are technically 'ARRESTED' when the officer takes your license and registration - arrest means to stop...................there is BTW a lot of confusion and debate on what constitutes arrest as seen through the link provided below.
http://www.lectlaw.com/def/a100.htm
2007-02-07 07:48:22 · answer #5 · answered by sage seeker 7 · 0⤊ 0⤋
If they had reason to suspsect something, then they can pretty much do whatever they'd like.
2007-02-07 07:29:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is called probobl cause
2007-02-07 07:53:24 · answer #7 · answered by bone g 3 · 0⤊ 0⤋
DO NOT FART WHEN PULLED OVER!
2007-02-07 07:31:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋