Arrest, Search, Seizure, Warrant Advice on an Illegal Search

[godell]

I was driving my vehicle when I was pulled over for a headlight -- upon officers arrival he asks for name because of no seatbelts -- passenger had a warrant for not paying fines and was arrested immediately --

The officer stated because of IDAHO code $&%&#* who knows that he could search the vehicle, trunk, spare tire well, purse, etc.. is this legal..

upon search a small amount of marijuana was found in the purse -- officer wrote 1 ticket for possession of marijuana --

Thank You For Good Consultation and Thought

-- Lene'

 

[Michael Wechsler]

I don't know if it is or is not without the Idaho code. When a passenger is arrested due to having an oustanding warrant, it may permit a police officer to search the vehicle. I can't be sure but there is an exigent circumstance here that takes this case out of the normal improper search. Perhaps you can get the code section from the police department.