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He didnt even come to drivers side or talk first

2007-09-14 07:41:51 · 5 answers · asked by Dragonette 2 in Politics & Government Law & Ethics

-pulled over for speeding on highway
-crept along the passanger side suspiciously, then flung open the door and yelled about why the door hadn't been opened for him and that he wasnt trying to play games

2007-09-14 08:06:18 · update #1

5 answers

I would say absent some exigent circumstance, the answer is no he cannot just open the door. If he thought some one was going for a weapon or hiding something, then he may open the door as that would be an officer safety issue. As far as going to the right side, on a busy highway, well I am sure everyone has seen all the videos of what can happen.

You should speak with an attorney in your state. Laws vary greatly from state to state. Although the federal constitution would normally require a warrant, there are sever exceptions to that rule. Get some legal advise where you are.

2007-09-14 07:58:29 · answer #1 · answered by hensleyclaw 5 · 0 0

If the traffic stop was along a busy thoroughfare, the officer will approach the passenger side door instead of the driver's side, due to the danger of standing in traffic. If you do not open the passenger door, or your passenger does not, then the officer will open the door to speak with the occupants of the vehicle.

2007-09-14 14:50:37 · answer #2 · answered by stephen p 4 · 1 0

Nope, check the Bill of Rights if youd like-you can get them on that. He had no warrant and was not offered entry, he has no right.
Even if there is a law saying it is ok it is undone by Federal law which requires permission or a warrant to enter/access anything.

2007-09-14 14:51:52 · answer #3 · answered by Showtunes 6 · 1 1

It depends on the circumstances.

I wish I had a better answer, but that's all I can say, given the facts presented.

2007-09-14 14:50:30 · answer #4 · answered by American citizen and taxpayer 7 · 1 1

He could claim that he was avoiding traffic.

2007-09-14 14:51:24 · answer #5 · answered by sensible_man 7 · 0 0

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