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Does a misdemeanor warrant give a police officer probable cause to search a vehicle during a traffic stop?
Wiki User
∙ 16y ago
During any arrest, while you were in your car, the officer has the right and duty to himself to check as thoroughly as possible that he and you are not in danger from any contraband guns, drugs, etc. It is part of the standard procedure of any arrest in the U.S. when you are stopped in your car. Also, normally the car will be towed and in bigger cities, inventoried for your protection, as well as theirs. Anything illegal in your car is generally fair game when you are arresed while in your car.
Wiki User
∙ 16y ago
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Do you have to allow an officer of the law to search your car if you are stopped for a traffic violation?
You have the right to refuse a search of your car unless the officer has a valid search warrant or probable cause to believe there is evidence of a crime in your vehicle. However, it's important to comply with the officer's instructions to avoid escalating the situation.
Can a traffic infraction give a cop probable cause to search your vehicle alone in Florida state law?
No. Unless you are being arrested or give the officer consent to search the car a simple traffic infraction alone does not give the right to search a vehicle.
Can a cop search your car if you got pulled over for speeding?
Unless the officer discovered probable cause during the traffic stop (or had probable cause prior to), then no, the search was illegal. The officer would have needed to obtain probable cause to search the vehicle, in reference to Carroll v. United States. The prior answer referenced "Search Incident to Lawful Arrest" and that was incorrect. During a traffic stop for speeding, generally, no one is being arrested, and "Search Incident to Lawful Arrest" only allows the the officer to search for evidence related to the arrest, which for speeding, there wouldn't be any such evidence.
Can police search your tractor trailer with out consent?
As with any other vehicle, it'll require probable cause. If a police officer sees a lot lizard go into your truck, for example, then they have probable cause to search that vehicle.
Is having a Florida plate probable cause to stop a vehicle?
Probable cause is anything an officer wants it to be....whether it would hold up in court? Probably, if they find something else.
What was the ruling on searching a vehicle before being arrested?
In most jurisdictions the search is valid if there is probable cause. Probable cause is what the officer thinks and can substantiate. Don't forget those dash cams.
Can the police run your tag and they pull you over for no insurance in Arkansas?
No probable cause is required for an officer to check the registration status of a vehicle ("run your tag"). If the information received indicates that the license plate is expired, is not on the appropriate car, or does not have insurance in force, the officer can make a traffic stop and issue a citation for the insurance violation or any other offense he sees.
Can a police officer search a vehicle during a traffic stop in Oklahoma?
Yes. The officer can ask the driver if he or she will voluntarily submit to the inspection of the vehicle. The driver can refuse which will be noted on the report. However that does not prevent the officer from searching the vehicle and if there is a suspicion of drugs the officer can request a canine search as well as visual. In some states, refusal to allow an officer to search a vehicle results in being taken into custody and/or other action.
Can an officer pull you over for a traffic offense after you have already exited the car?
Most states require you to be in physical control of the vehicle on premises open to the public for various traffic violations. However, such criminal charges like DUI, if they have probable cause to prove that you were behind the wheel of the vehicle and have now parked and walked away from it, they are legally able to stop you. This must come from a independent witness IDing you as the driver they observed or some other supportive evidence.Another View: If the officer does not lose sight of the vehicle and can testify to the fact that they observed you behind the wheel, or you are apprehended within a short timeframe, it is lawful to cite or arrest you for the unlawful operation of the vehicle.
Can an officer search around your vehicle with a canine dog over a simple traffic stop before they have even informed you of your violation?
Yes. There is no expectation of privacy for the outside of your vehicle.
Can police search your persons when a k9 gives probable cause to search your car?
Once a properly trained working K9 indicates something illegal on you or your property, that is considered probable cause.
Is unauthorized use motor vehicle a felony or misdemeanor?
The only reason it could be a felony is when a habitual traffic offender with a suspended license operates a motor vehicle. Most other cases are misdemeanor. I guess it must depend on what state you're in. I know for a fact that it's a class C felony in Oregon. It doesn't depend on whether your license is suspended or whether you've committed previous traffic offenses. It's not a traffic violation, it's a theft charge, so at least your insurance won't go up!
