Arrests of Automobile Occupants Flashcards
Can police search a Vehicle incident to Arrest?
Police my search a vehicle incident to a recent occupant’s arrest only if:
- The arrestee is within reaching distance of the passenger or compartment at the time of the search OR
- It is reasonable to believe that the vehicle contains evidence of the offense to arrest
What is a Pretexual Stop?
If an officer has probable cause to believe that a traffic law has been
violated, the officer may stop the suspect’s automobile, even if the officer’s
ulterior motive is to investigate a crime for which the officer lacks sufficient
cause to make a stop
What happens when there is probable cause of illegal conduct prior to stopping someone?
When probable cause of illegal conduct exists, an officer’s true motives for searching or detaining a person does not negate the constitutionality of the search and seizure
What if the Officer has an Ulterior Motive when stopping and arresting someone?
- Police can still stop a vehicle to investigate for a crime for which the officer lacks sufficient cause to make a stop
- As long as the police do not extend the invalid stop beyond the time necessary to issue a ticket and conduct ordinary inquiries incident to such a stop