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: AZPubbie
More accurately, a reasonable suspicion "that can be successfully articulated" by the officer to a judge at a later date (e.g., arraignment, trial, appeal)....
109 posted on
12/15/2003 4:06:55 PM PST by
tracer
To: AZPubbie
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. Thats what I said in my first post on the subject, # 23 .
Most stops are not contacts but rather detentions stemming from RAS (reasonable articulable suspicion). RAS can get you a terry frisk and up to 40 minutes of detention to develop probable cause for arrest.
110 posted on
12/15/2003 4:07:24 PM PST by
AdamSelene235
(I always shoot for the moon......sometimes I hit London.- Von Braun)
To: AZPubbie
If the officer removes the passengers out of and away from the vehicle (as is often prudent) an assertion of the "reasonableness" of a search of the passenger compartment may prove problemmatic.
A warrantless search of the trunk and its contents represents an even bigger question mark, unless a K-9 is involved or, possible, a cartridge or shell is in plain view or is found during a "righteous" search of the passenger compartment.
Search and seizure is a major headacdhe. I've seen a few training films in which simulated traffic (and pedestrian) stops and searches were independently critiqued on-camera by public defenders, senior LEOs, prosecutors, private-practice criminal defense attorneys, and local judges -- and the discourse contained therein was akin to what you hear upon telephoning the IRS for the answer to a tax question.
Talk about a specialty topic.......
117 posted on
12/15/2003 4:20:06 PM PST by
tracer
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