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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?
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 else can I help you with?
An officer stops a car based on reasonable suspicion. The officer has reasonable suspicion that the people in the car are armed. There is no probable cause to make an arrest. What are may be searched?
In this scenario, the officer may conduct a protective pat-down search of the individuals in the car to ensure the officer's safety. The search is limited to a cursory pat-down of the individuals' outer clothing to check for weapons. The officer cannot conduct a full search of the car or its contents without probable cause.
Probable cause in a sentence?
Probable cause is a standard of proof required for a law enforcement officer to obtain a search warrant or make an arrest, based on facts and circumstances that would lead a reasonable person to believe that a crime has been committed.
IS it Illegal for a male cop to seacrh if you are a female?
If there are no available female officers, a male officer may do it. And if the search was conducted incident to arrest, meaning at the time of an arrest, on the street, through your pockets and purse and such, then whoever is on the scene, male or female, would be the officer to conduct that search.
In Rochin v. California the Supreme Court ruled that the suspect could not be tried because?
the evidence against him was obtained through a violation of the Due Process Clause of the Fourteenth Amendment, specifically by the use of excessive physical force during the search and seizure process.
What cases do magistrate courts handle?
Magistrate courts typically handle minor criminal offenses, traffic violations, landlord-tenant disputes, small claims cases, and issuance of search warrants and arrest warrants. They often serve as the first-level courts in the legal system and help alleviate the caseload of higher courts.
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.
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 a passenger's purse be searched when the driver was stopped for traffic violation when requested that a search warrant obtained?
The answer depends on the factors that exist at the place and time. If the officers are able to articulate why a warrant-less search was necessary, then the evidence would be allowed. If they cannot, it will not.
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 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.
What happens when you have a search warrant for arrest?
If the warrant is for a misdemeanor offense, you will not normally be arrested unless you are stopped for a traffic violation or if the police are called to a scene, where you may be. If it's a felony warrant, for a serious violation, such as murder, you will be tracked down, even in another state, and be arrested and extradited.
What constitutes an illegal search?
A search by law enforcement that is not supported by at least articulable reasonable suspicion. See: http://en.wikipedia.org/wiki/Terry_v._Ohio A search that takes place without a warrant and without probable cause. Probable cause requires a reasonable articulable suspicion that a crime has been committed or is about to be committed. It is more than a mere hunch. For more information, see the related links below.
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 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 you search a convicted felon's car when he is stopped for illegally parking?
As a civilian, no. As a law enforcement officer, you must be able to establish reasonable cause.
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.
