To: RS
... and just WHY was a car searched over a speeding ticket ? Anytime you are detained, your person and the area immediately around you can be searched under the Terry doctrine. In a car this includes the glove box, under the seat, but not the trunk or any locked compartments. No warrant is required as this is not considered an "unreasonable" search.
23 posted on
12/15/2003 2:28:38 PM PST by
AdamSelene235
(I always shoot for the moon......sometimes I hit London.- Von Braun)
To: AdamSelene235
My glovebox locks...what then?
To: AdamSelene235
Anytime you are detained, your person and the area immediately around you can be searched under the Terry doctrine. In a car this includes the glove box, under the seat, but not the trunk or any locked compartments. No warrant is required as this is not considered an "unreasonable" search.Really? When I was pulled over for speeding by an overzealous cop in the Bronx, he never searched my car, made me get out, etc. And this bastard was just licking his chops, looking for a reason to arrest me. Essentially, he thought I was a "rich bitch" who shouldn't have been driving in such a "rough" neighborhood/borough.
36 posted on
12/15/2003 2:37:53 PM PST by
NYC GOP Chick
(Clinton Legacy = 16-acre hole in the ground in lower Manhattan)
To: AdamSelene235
You're half-right. If you're "detained" then the police can conduct a Terry-search of the drivers compartment. That does not apply for every stop of a vehicle, however. Only if there's an arrest or reasonable suspicion to fear for officer safety.
To: AdamSelene235
Anytime you are detained, your person and the area immediately around you can be searched under the Terry doctrine.That's not true. There needs to be probable cause before police can search a vehicle. Absent probable cause, permission must be given, which is what happened in the case at issue.
125 posted on
12/15/2003 4:56:51 PM PST by
Sandy
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