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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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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.
Is a police officer permitted to confiscate your keys during a traffic stop or investigation?
Yes, a police officer is permitted to confiscate your keys during a traffic stop or investigation if they have a valid reason to do so, such as ensuring the safety of themselves or others, preventing you from fleeing the scene, or conducting a search of your vehicle.
Can a police officer legally take your keys during a traffic stop or investigation?
Yes, a police officer can legally take your keys during a traffic stop or investigation if they have a valid reason to do so, such as ensuring the safety of themselves or others, preventing you from fleeing the scene, or conducting a search of your vehicle.
Can an officer search your car on a traffic stop without your consent?
If probable cause is given then yes, the officer can.
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 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.
Are police allowed to take your keys during a traffic stop or search?
Yes, police are allowed to take your keys during a traffic stop or search if they have a valid reason to do so, such as for safety or to prevent you from driving away.
Are police allowed to take motorcycle keys from individuals during a traffic stop or investigation?
Yes, police officers are allowed to take motorcycle keys from individuals during a traffic stop or investigation if they have a valid reason to do so, such as ensuring the safety of the officer or the public, preventing the individual from fleeing, or conducting a lawful search of the motorcycle.
Can a male officer search a females bra line for a traffic stop?
In general, a male officer should not conduct a search of a female's bra line during a traffic stop unless there is a reasonable suspicion that the individual is concealing a weapon or contraband in that area. However, searches should be conducted in a respectful manner and consider the privacy and sensitivity of the individual being searched. It is important to follow the specific search procedures and guidelines set forth by the law enforcement agency involved.
Can you talk quietly at traffic stops during vacations?
There's no rule against it. It's not necessarily a good idea, though, because the officer might just be in a bad mood, or he/she might misinterpret what he overhears and search your car.
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.
What would be required to search an auto after a traffic stop?
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.
