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Probable cause is anything an officer wants it to be....whether it would hold up in court?

Probably, if they find something else.

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16y ago

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Related Questions

When pulled over for speeding is that probable cause to search vehicle in Florida with a dog and not search inside vehicle only walked dog around vehicle and scratch the heck out of it?

The police walking the dog around the vehicle is a non-invasive search, is legal, and does not require probable cause.


What is the law in Florida to search a vechicle when no crime was committed?

It may be searched with the permission of the operator of the vehicle, or on probable cause to believe that a crime has been committed on, or within, the vehicle itself, or by the officers affidavit that probable cause exists to search the vehicle for contraband. Probable cause in the latter case may be established by the indications of a trained drug or explosives sniffing canine.


Can a cop search your vehicle without consent in Florida and am I protected by Florida State Laws from a consentless search if I was pulled over for speeding or for other reasons?

A police officer must have either your consent, a warrent, or probable cause to search your vehicle - probable cause to search can include everything from a partially hidden weapon (gun), blood, body parts to just the cap of a alcohol container sticking up from a seat.


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.


What if a cop makes up a probable cause to pull you over how can you prove that he had no probable cause?

Difficult and expensive to prove lack of probable cause. Probable cause can be anything from suspicious activity in the vehicle to weaving while driving or failure to signal. I am sure you could find a lawyer who would try but I am also sure the judge would eventually find for probable cause in the end.


Is an open container probable cause to search?

Probable cause to search WHAT? A vehicle? Yes, but only the passenger compartment or any area where the passengers of the vehicle might have access. To search a building or a residence - no. Only that area which is in plain sight


Do you have to allow an officer of the law to search your car if you are stopped for a traffic violation?

No. Officers can only search your vehicle if 1) you consent or 2) if they have probable cause. If the officer has probable cause to search your vehicle, they generally won't ask you for permission, but will instead tell you that they are going to search your vehicle. Whether probable cause for a search exists depends on the circumstances.


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.


Is a vehicle search legal before you are arrested?

It can be a legal search if probable cause exists, or with consent.


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 a cop pull you over without having a probable cause in Florida?

Technically, no. However, the definition of "probable cause" can cover a very large area, including the officer making a judgment call as to the way the person's driving, a loose license plate or one that is too dirty to be clearly seen, and so on and so forth.


How long does a Florida DA have to file an arrest charge?

Until he has sufficient probable cause to sustain a warrant for an arrest.