Please Scroll Down to See Forums Below Is it true what this websites says about police searches??? http://www.flexyourrights.org/
Is this true??
- Thread starter marqui77
- Start date
Yes, basically.
Traffic stops are a bit more problematic, however. In some states, you can be arrested for offenses that do not carry jail time as a possible penalty, and this gives the police a back door to search your car and any containers contained therein, excepting locked containers in the trunk.
Additionally, the "protective sweep" doctrine was recently expanded by the 5th Circuit, though it is unclear whether this will survive SCOTUS scrutiny. As far as "keeping your private stuff out of sight," the protective sweep jurisprudence makes it clear that police can briefly inspect any area or enclosure which could contain a person.
Traffic stops are a bit more problematic, however. In some states, you can be arrested for offenses that do not carry jail time as a possible penalty, and this gives the police a back door to search your car and any containers contained therein, excepting locked containers in the trunk.
Additionally, the "protective sweep" doctrine was recently expanded by the 5th Circuit, though it is unclear whether this will survive SCOTUS scrutiny. As far as "keeping your private stuff out of sight," the protective sweep jurisprudence makes it clear that police can briefly inspect any area or enclosure which could contain a person.
liftshard said:
The truck of a car can hold a person. I wonder if this means they can search it would out cause or consent?
The protective sweep search may only be cursory. This means that, if it's upheld, I would almost expect that cops on a stop would pop the trunk to see if there's supposedly a maniac or abominable snowman or perhaps some type of murderous spectral apparition in the trunk, you know, just to be safe. This would seem to be consistent with protective search doctrine. If you extend the doctrine, forcing you to open the trunk even during a routine traffic stop would appear to be within their authority. I mean, it IS an arrest, right?
The 5th Circuit case didn't even involve an arrest. It was a knock & talk. And, the cops swept the house anyway.
The 5th Circuit case didn't even involve an arrest. It was a knock & talk. And, the cops swept the house anyway.
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