Police Officer Wants to Search My Vehicle!

To answer this question and a series of others that I will address over the coming days, let's begin with a quote of the United States Constitution - 4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Now, that language is quite heavy and is definitely not written in the plain language with which each of us speaks on a daily basis, so let me rephrase it in a way that is more readable and understandable:

An individual, his or her house, documentation, and personal property shall not be searched through or possessed for an unreasonable purpose (by the Government). Further, a warrant is required and may only be issued if probable cause that is supported by someone swearing to the truthfulness of his or for more details visit to www.guide-to-plr.com her statement is presented to a Judge, and the sworn statement must specifically describe the place to be searched and the person or things to be taken.

So, to address this question, I use my experience as a former police officer and a Criminal Defense Attorney. Let me begin by describing a scenario that each of us witnesses on an almost daily basis. You are driving down the highway and see a car pulled onto the shoulder of a roadway and behind it is a black and white car with flashing red and blue lights. An officer is standing at the window of the vehicle, for more detail visit to www.newbies-guide-to-making-software.com talking with the Driver, who is the only occupant. The officer tells the Driver that he wants to search the vehicle. What happens from here?

The general rule: An officer may stop and automobile if an officer possesses a reasonable and particularly suspicion that the motorist has violated a traffic law. Once the vehicle has pulled to the side of the road, the Fourth Amendment permits the officer to search the vehicle's interior by looking through the windows; This is the "plain view" or "plain sight" rule that has developed in case law and is part of the "automobile exception" to the warrant requirement of the 4th Amendment.

However, the trunk of a vehicle cannot be searched unless the officer has probable cause to believe that it contains contraband or the instrumentalities of criminal activity, and similarly, the officer does not get to look into locked containers or a locked glove compartment unless the same type of probable cause is present. When the vehicle is impounded, its contents may be inventoried without a warrant, including the contents of the trunk and any containers inside it.

The rationale for permitting warrant less searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. The Court has held that a person expects less privacy in an automobile than at home and when you think about it, this is reasonable-you are driving down the road in a vehicle that anyone, not just an officer, may look through the windows and see what is inside.
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