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Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver's conduct and are generally free to leave, unless police become suspicious of them during the course of the stop.

Unfortunately, this happens frequently and the amount of evidence required to detain passengers is minimal. For this reason, passengers must remember to refuse search requests and refrain from answering questions without an attorney present. Police who suspect criminal activity will often separate the occupants of an automobile and question them separately. If their stories differ, this could lead officers to claim that they have probable cause to prolong the detention or conduct a search.

As with any other brief detention, the best way to handle this situation is to determine if you can leave by asking "Officer, are you detaining me, or am I free to go?"


http://www.flexyourrights.org/faq/rights_of_passengers

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Q: Can officer search passengers during a traffic stop?
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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 an officer search your car on a traffic stop without your consent?

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Can a traffic infraction give a cop probable cause to search your vehicle alone in Florida state law?

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