Officer Jones is working a single officer patrol unit at approximately 8:45pm, he observes a vehicle fail to stop at a stop sign, a violation of 22450(a) CVC, giving the officer probable cause to conduct a traffic enforcement stop. Officer Jones stops the vehicle, which is occupied by the driver, and a passenger in the front seat.
Officer Jones contacts the driver, Bannon who provides the Officer with his driver's license, registration, and proof of insurance. While Officer Jones is speaking with Bannon, the passenger, Madison who appears nervous, tells the officer he is late for a doctor's appointment, and must leave. The officer tells Madison he must remain in the vehicle until his business is concluded. At this time, Officer Jones' backup officer, Officer Watson arrives to help him. Madison then exits the vehicle and begins walking away. Officer Watson physically detains Madison and brings him back to his patrol vehicle. Officer Watson conducts a pat down search of Madison and
2007-10-06 04:03:27 · 7 answers · asked by trueblue3167 4 in Politics & Government ➔ Law Enforcement & Police
locates a large baggy of methamphetamines. Is this a lawful detention of the passenger? Is this a lawful search? *Hint* Is there recent case law that upholds or does not uphold this?
2007-10-06 04:04:18 · update #1
Lawful. There have been court rulings (in this state at least) and on the federal level. When an officer stops a car, everything in the car is seized. It doesn't give the officer the right to automatically search everything. But it does let him control who leaves the car and who doesn't.
As for search...if it was me it would have been search incident to arrest and he would be going to jail to bond out if someone ignored my lawful order like that. So yeah, the search is legal.
2007-10-06 05:21:16 · answer #1 · answered by Kenneth C 6 · 0⤊ 1⤋
Sounds legal to me. When Madison got out of the car and tried to leave, that sounds like probable cause to detain and search. I think you may be getting at the case that said that fleeing or running from the police is not enough to detain and assume a crime had been committed. I believe that is what the case said, I could be wrong. If I am right and that is what you are getting at, then I guess you are going to tell us this was an illegal search because the officer can not use the fact that Madison tried to flee as justfication for a search.
2007-10-06 07:15:43 · answer #2 · answered by Scott B 4 · 0⤊ 1⤋
Thats good police work. The 8:45 time and saying he had a Doctors appointment was the first clue that something was wrong. Had he not exited the vehicle, he MAY have gotten away with it. He gave the officer probable cause by ignoring a lawful order. He could have also been charged with fleeing when he walked away.
2007-10-06 04:53:14 · answer #3 · answered by sensible_man 7 · 0⤊ 1⤋
It's lawful.
Once Madison exited the vehicle, in violation of a lawful order, he was taken into custody. At that time, for the safety of the arresting officers, he is searched for possible weapons.
In the course of this legal search, if contraban is found, it can be used as evidence of any crime he may be charged with.
2007-10-06 04:26:23 · answer #4 · answered by Anonymous · 1⤊ 1⤋
LAWFUL and it is a good use of probable cause, IE nervousness of Passenger!~!
2007-10-06 04:32:19 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I just read in the new where this is 100% unlawful. The passanger cannot be detained or even questioned unless he/she is suspected of doing something.
2007-10-06 11:40:58 · answer #6 · answered by bushnana 6 · 1⤊ 3⤋
I would have to say yes this is lawful. I am not an attorney though.
2007-10-06 04:07:02 · answer #7 · answered by Alan C 3 · 0⤊ 1⤋