Arrest, Search, Seizure, Warrant What constitutes probable cause to the search of a vehicle during a traffic stop?

[Miss_Cherokee]

If there is no probable cause seemingly, and an officer commences to search of the vehicle what is the recourse for the defendant?What legally must the officer see or be aware of to legally search a vehicle?Not a felony stop just a traffic infraction? If an officer asks to search and permission is denied, can that vehicle and occupant be detained so said officer can get a search warrant?What are the legal implications of denying a voluntary search request? It seems as though vehicles can be searched for any reason even for a seemingly invalid one. Does the officer have to be searching for a specific thing or items?IF the officer states suspicious of illegal activity is that enough for probable cause? Seems pretty murky waters to me. How do we ensure our civil rights are not being violated and what rights do we have when it comes to searching a vehicle, no blatant illegal items or activity seen?I am curious about our rights as citizens and random searches of cars after being stopped for a traffic stop. What recourse does a citizen have if they believe their vehicle was illegally searched by an over zealous officer? Thank you.

 

[CdwJava]

If an officer asks to search and permission is denied, can that vehicle and occupant be detained so said officer can get a search warrant?

Under the right circumstances, sure. That does not mean the officer will be able to obtain a warrant.

Yes, they need probable cause to conduct a search of a vehicle and they would need an articulable exigency to justify the search absent a warrant or consent ... or probation/parole conditions permitting such a search.

What are the legal implications of denying a voluntary search request?

That the police cannot rely on "consent" as authority to search the vehicle.

Does the officer have to be searching for a specific thing or items?

It depends on what he has probable cause to believe is in the car. If he has probable cause to believe that you just committed armed robbery and used the car as a getaway vehicle, he might be looking for guns, a mask, the money, etc.

IF the officer states suspicious of illegal activity is that enough for probable cause?

Probably not, no. But, if he can articulate the specific actions and the suspected activity, it just might be.

How do we ensure our civil rights are not being violated and what rights do we have when it comes to searching a vehicle, no blatant illegal items or activity seen?

If your illegal activity or contraband is uncovered as a result of such a search, the remedy is that the courts will dismiss the action against you and you might even have a valid cause of action against the agency or the officer(s) involved given the right circumstances.


- Carl

 

[raskalnikov]

If you simply say what happened, the help you get will be a lot better than speculations. . .