Ep. #27:Can You Search Vehicle Passengers for Marijuana?
Автор: Blue to Gold
Загружено: 2020-03-07
Просмотров: 2915
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Here's the point of this video:
1. You need probable cause that a passenger has drugs on their person. The fact that the driver has drugs, or drugs were found in the vehicle, standing alone, is not automatic PC to search passenger.
2. Once you have PC for passenger, the search could be justified under two doctrines. First, you arrested them right after searching them so that would be search incident to arrest, even though the search came first. Or, if no arrest was made, the search would likely be upheld under exigency since cops do not have time to stop what they are doing and run to the courthouse. Make sense?
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