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that pertain to police officals being able to detain and or search someones car who has been pulled over? I am in CA

2007-10-09 06:14:25 · 5 answers · asked by Boston George 3 in Politics & Government Law Enforcement & Police

5 answers

Most of what you are looking or is called "case law" and it is available in law libraries everywhere, but there are literally hundreds of thousands of cases and citations and without more specifics, it is hard to answer.

The rule of thumb is "about" 20 minutes for a car stop is the generally accepted time frame, provided it is for a standard stop. IF any contraband is found or suspected or if the operator's license is suspended, then things change. As far as searching the car, it can be done with consent from the owner or operator, if there is probable cause to suspect there are illegal items in the car, to locate proper/acceptable identification of the driver, prior to an impound (towing), if the driver is on parole or probation with search terms, etc. There are lots of reasons, what is your SPECIFIC question?

2007-10-09 06:21:18 · answer #1 · answered by Rottluver 4 · 1 0

search and seizure
n. examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket). The basic question is whether the search and seizure were "unreasonable" under the 4th Amendment to the Constitution (applied to the states under the 14th Amendment), which provides: "The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Thus, searches and seizures must be under the authority of a search warrant or when the officer has solid facts that give him/her "probable cause" to believe there was evidence of a specific crime on the premises but no time to get a warrant. Evidence obtained in violation of the Constitution is not admissible in court, nor is evidence traced through such illegal evidence.

Or you can check out some case law at www.law.com

Type in search and seizure, or 14th amendment

2007-10-09 14:15:28 · answer #2 · answered by ~Jen~ 4 · 0 0

Its supreme court rulings.Like terry vs ohio.They can pat you down before talking to you.They need probable cause to search your car but no search warrant as the car is mobile.

2007-10-09 13:20:27 · answer #3 · answered by danp 3 · 0 0

UNDER THE LAWS OF SEARCH AND SEIZURE
WARRANTLESS SEARCHES
MOTOR VEHICLES.
4TH AMENDMENT RIGHTS:

CALIFORNIA V CARNEY-471 US 386 (1985)
PERMITS PROBABLE CAUSE SEARCHES WITHOUT A WARRANT.

CALIFORNIA V ACEVEDO- WHAT RULES OF PERSONAL EFFECTS APPLY TO PRIOR ARREST IF ITEMS LOCATED INSIDE OF A VEHICLE?

2007-10-09 13:36:57 · answer #4 · answered by ahsoasho2u2 7 · 0 0

Between looking online and in libraries, you should be able to find everything you are looking for.

2007-10-09 13:26:52 · answer #5 · answered by Anonymous · 0 0

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