The car I was driving was not mine it was the passengers and he did not give permission. The sheriff said he didn't need permission. There was an opened container in back floor board, then he went thru my pocketbook.
2007-11-08 04:07:04 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes. Once probable cause was established the vehicle and contents could be searched.
Since the open container was readily visible the officer has probable cause. Once probable cause is established the officer does not need consent to search from either party. In most states the officer can also search locked areas in the car such as the trunk and glove box.
2007-11-08 04:12:22 · answer #1 · answered by davidmi711 7 · 4⤊ 1⤋
That open container sealed the deal. That gives the police the right to search. Keep those open containers in the trunk.
2007-11-08 12:14:37 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Probable Cause has resulted in many arrests for officers, so that card is played man times. Sorry. Open container is all they needed to see to have P.C.
2007-11-08 12:15:54 · answer #3 · answered by Jake C 2 · 2⤊ 0⤋
A search incident to arrest or detainment is perfectly legal unless your pocketbook was locked and required a key or other device to open.
If it was within your grasp, either before or after you were detained, then the officer was well within his rights to search.
By the way, he CANNOT search anything in the car. ONLY what is within reach or under certain circumstances, to protect himself. A locked trunk, or glove compartment under these circumstances, would require custody to search, not simply detainment.
2007-11-08 12:12:57 · answer #4 · answered by hexeliebe 6 · 0⤊ 2⤋
the sheriff is right about the open container.
that was really stupid to have that in the car.
2007-11-08 12:12:47 · answer #5 · answered by Anonymous · 2⤊ 0⤋
No, the open container was the key to opening the purse!
2007-11-08 12:16:09 · answer #6 · answered by Wounded Duck 7 · 1⤊ 1⤋
i'm sure it varies by state-but in Tennessee--if the purse was in the vehicle and wasn't "locked"--they can search it. Like your glovebox--if it's locked, they can't search if you don't give them permission. Trust me--the cop will win this one!
2007-11-08 12:15:35 · answer #7 · answered by s and d e 7 · 1⤊ 1⤋
He can search you and anything in the car if he has reasonable cause.
2007-11-08 12:10:58 · answer #8 · answered by Philip McCrevice 7 · 4⤊ 2⤋
Depends where the pocket book was.
2007-11-08 12:11:29 · answer #9 · answered by KEVIN 3 · 1⤊ 3⤋