an officer see a car in a parking lot of a business that has been robed before. officer approaches the vehicle seeing the passenger fumbling in the front seat, shines her flash light into the car and opens the car door.
2007-03-15 16:21:13 · 7 answers · asked by Kara G 1 in Politics & Government ➔ Law Enforcement & Police
Not too smart, one hand should be on their gun and one hand on their flashlight, for their own safety.
2007-03-15 16:26:04 · answer #1 · answered by sam simeon 3 · 0⤊ 1⤋
Well all i can say is put yourself in the officers shoes - You are in an area where frequent robberies have happened, robberies normally involve weapons, and now you are approaching a car that maybe someone has implicated as being involved (it may or may not be, but someone has said it is) You walk up to the car and someone is fumbling around, now, you are in a position of disadvantage. If that person has a weapon in arms reach, you are toast. You are looking through a window where it may be hard to see that weapon. You don't know the person sitting in the car from adam, so he could be anyone, a murderer a violent person, or conversely could just be joe citizen.
What would you do?
Think about it, what exactly would you do.
Are you going to stand there, and wait in the event that person has a knife, or a gun?
No, you open the door and take control of the situation.
And if it is joe citizen, then you apoligize and send him on his way after explaining the situation.
Just remember, Police Officers still have rights too, they have the right to go home to their family, unhurt, just as you do.
2007-03-15 16:33:18 · answer #2 · answered by ? 1 · 1⤊ 0⤋
If I was an officer and made a traffic stop and someone in the car is fumbling around with something I cant see, I'm worried for my safety and will most defnitely open that door to maintain not only my safety, but others around me. There is no infringement of rights in that situation because the officer was reasonable in what he/she did.
2007-03-16 03:52:27 · answer #3 · answered by the_mr911 6 · 0⤊ 0⤋
It depends on why the officer opened the door.
If the officer believed that a crime was in progress, then yes, he can certainly open the door.
There are any number of reasons why an officer might open the door ... many of them lawful, some might not be. If any evidence was discovered as a result of the opening of the door might be susceptible to a motion to suppress if a court agrees that it was seized without cause.
- Carl
2007-03-15 16:59:36 · answer #4 · answered by cdwjava 3 · 0⤊ 0⤋
In a case like this where there is a history of a certain type of crime it is permissible if the individual appears to be committing a crime and/or the officer is concerned for their safety. Need more details in your question to give you a specific answer.
2007-03-15 17:52:35 · answer #5 · answered by Tellin' U Da Truth! 7 · 0⤊ 0⤋
No I don't think so. The officer must ask you to either open the door yourself, or he must see something dangerous within plain sight. Other than that he would need a warrant.
2007-03-15 16:24:50 · answer #6 · answered by James C 2 · 0⤊ 0⤋
Opening a car door has nothing to do with searching and seizing.
2007-03-15 16:24:39 · answer #7 · answered by Groovy 6 · 0⤊ 0⤋