mojack wrote:
http://tinyurl.com/2dwhk
Read this article found in the law section of truck.net.
An officer making a stop purely for a citation, may not have grounds for a
search based on the fact that no arrest will be, or has been made.
If an officer stops you for having a tail light broken, he can not use
that
as an excuse to search your vehicle without your consent.
However, should he discover you have the odor of alcohol, then that may
give
him the right to search.
Wrong-o.
<quote>
In general, probable cause means that there exists such circumstances that
would lead a reasonably prudent person to believe that a particular
location
or container contained contraband. Probable cause exits when fact and
circumstances within the police officer's knowledge and of which he has
reasonable, trustworthy nformation are sufficient to warrant a reasonable
person to believe that contraband is contained in a particular location or
container.
</quote>
An officer can not enter your vehicle to conduct a search just because he
damn well pleases.
Wrong-o again.
<quote>
In the case of any search based on probable cause, whether upon a warrant
or
without a warrant, the officer's search is limited to places where the the
contraband could be expected to be found. For example, if there is
probable
cause to believe that a particular driver is transporting a stolen motor
vehicle in his trailer, then the "probable cause" search is limited to the
trailer.
</quote>
If the officer has reasonable cause to believe the vehicle is transporting
a
stolen car, it is most likely the stolen car is in the trailer, and NOT in
the sleeper berth.
And if you'd like to expand the thoughts of other drivers and attorneys on
the matter:
http://tinyurl.com/26f9k
Enjoy the reading.
