Do they have the right to search your purse? I mean she was in the wrong because of marijuana and they searched her vehicle. But, did they have the right to search her purse?
2007-11-06 14:37:16 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It all depends on whether they had probable cause or consent to search. I can't even give you a preliminary yes/no, since you didn't give enough information.
But if they had consent, yes, they can search. If they had PC, say, by a drug dog or an odor of marijuana emminating from the car, then yes, they can search.
CGIV76 couldn't be more wrong. A roadblock does not give probable cause to search any and all vehicles passing through. In fact, courts have held that probable cause must exist. The courts have also held that a car turning away from a roadblock CANNOT be stopped merely for turning off the road. PC must exist for that car stop too. I'm always surprised, yet never shocked at how police officers view the law. And I'd love to see the Sup Ct case he's talking about.
2007-11-06 14:43:03 · answer #1 · answered by LawGunGuy 3 · 3⤊ 3⤋
Yes they can search anything in the vehicle during a roadblock. Did they have a drug dog?
2007-11-06 14:43:18 · answer #2 · answered by ken s 5 · 3⤊ 1⤋
Yes.
The Supreme Court ruled that if the officers have a roadblock set up they already have probable cause to search any person or vehicle stopped therein, without it being a 4th Amendment violation.
2007-11-06 14:42:41 · answer #3 · answered by CGIV76 7 · 4⤊ 4⤋
Yes it is covered by the purpose of the road block.
2007-11-06 14:44:01 · answer #4 · answered by Steven C 7 · 1⤊ 2⤋
big long explanation up there is a ding dong. if they smell the mary jane then they have every right to search her and anything else in her possession.
2007-11-06 14:55:57 · answer #5 · answered by Trevor 2 · 2⤊ 1⤋
They have to have a reason to do it. Like she didn't have the card papers in order.
2007-11-06 14:44:13 · answer #6 · answered by elgil 7 · 1⤊ 2⤋