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Justifiable Vehicle Search

625 Words3 Pages

Vehicle searches are relatively new considering the rest of the laws that have been around since the beginning. There are a lot of rules that come into play to have a justifiable vehicle search. Each state also has their own personal laws in regards to vehicle searches as well. It is a tricky law, just like many others when it comes to what is considered a lawful search.
After a traffic stop, a lawful vehicle search may take place, but to perform a lawful vehicle search one of the following circumstances must occur. The driver has given consent to the officer to search the vehicle being the most lawful search. The officer has probable cause to believe that there is evidence of a crime inside the vehicle such as stolen goods. Another is if the driver is arrested and the search is related to the arrest such as illegal drugs. And if the officer reasonably believes that their own safety is in danger they can search the vehicle for example a hidden weapon. …show more content…

Like in the case Arizona v. Gant (2009) which states that “Where there is probable cause to believe that a vehicle contains evidence of a criminal activity, an officer may lawfully search any area of the vehicle in which the evidence might be found.” The reason this case applies to the current situation is because Officer Bird felt that her safety was in danger due to a revolver she saw under the front seat. Arizona v Johnson (2009) another major case which states “An officer may conduct a pat-down of the driver and passengers during a lawful traffic stop; the police need not believe that any occupant of the vehicle is involved in a criminal activity.” This relates to Officer Bird’s case because she performed a weapons pat-down on the man, even though she did not believe he was involved in criminal

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