Probable Cause

[Triiiple]

If you get pulled over for speeding and the cop sees someone in the car trying to hide something does that give the cop probable cause to search the vehicle?

 

[Betty3]

If the officer observed someone in the car trying to hide something, I would say that would be probable cause to search the vehicle.

 

[mightymoose]

No.
It may give the officer reasonable suspicion to remove and pat search the passenger and other occupants.
Circumstances might justify a limited search of the area where the passenger was sitting.
The observation would not automatically clear the officer to search the entire vehicle.
To search the whole car the officer would either need consent, which you may have given without realizing it, or observation of some kind of contraband in plain view.

 

[army judge]

Were any of the car's occupants on parole or probation?
Was the driver issued a traffic citation?

 

[CdwJava]

If you get pulled over for speeding and the cop sees someone in the car trying to hide something does that give the cop probable cause to search the vehicle?

By itself? Probably not. But, in conjunction with other articulable facts, quite possibly.

If the officer smells alcohol or marijuana, or sees a gun holster or knife sheath, or something else that might give good cause to believe that some contraband was being stashed, the furtive movement in conjunction with the observations could be sufficient to justify a search. Such an evaluation is fact specific, and we lack the facts.

 

[Betty3]

Did the officer see what the person was trying to hide? What was it? As noted, we probably really don't have enough details to say for sure if there was probable cause.

 

[Betty3]

Reference http://www.thelaw.com/forums/showthread.php?t=56321