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What would be required to search an auto after a traffic stop?
Wiki User
∙ 13y ago
The rules on search incident to arrest recently changed, so for years it was the belief and practice to do a legitimate traffic stop, arrest for the traffic violation and do a search incident to arrest. The Supreme Court recently changed its interpretation of the 4th Amendment, such that a search incident to arrest is not automatically reasonable (see Gant v. State).
However, still the officer can arrest you due to the traffic violation and "inventory" your vehicle due to impounding it. They can also search if they have probable cause.
Wiki User
∙ 13y ago
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