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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 09-14-2001, 01:15 AM
LOWALBERG
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probable cause for search?


i live in california. my husband was out on bail and got pulled over for the light being out above his license plate. the officer knew he was driving on a suspended license and was about to write him a citation when the officer turned to the other office and asked if he (the driver) was on probation or parole and was he searchable. the officer asked my husband if he could search him and he said yes. the officer then patted him down, found nothing and then began to search the cab of the pickup. he found nothing. Then he got in the back of the truck and opened the tool box. there he found a shot gun and items connected with manufacturing of meth. my question is was this search legal? did he have probable cause even though he didn't find anything on my husband or in the cab of the pickup?
  #2  
Old 09-14-2001, 01:48 AM
whipsnake
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need more input. why were the officers so familiar with your husband? what is he out on bail for? is he on probation? does he have an extensive arrest record? all these enter into probable cause. convictions or lack of, is not as much at issue.
  #3  
Old 09-17-2001, 11:14 PM
LOWALBERG
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information requested


to whipsnake, one of the officers was present at the first arrest and my husband was out on bail for drug charges. he is neither on probation or parol. aren't they suppose to arrest you then search ? and when they didn't find anything in the pat down or in the cab of the pickup should they have not stopped? thank you
  #4  
Old 09-19-2001, 06:40 PM
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The search could be legally justified as an "inventory search." Because your husband was driving on a suspended license, the officers would not have let him drive away after giving him the ticket. That means they would have to tow the car. When they tow a car, they are entitled to do an inventory search of the contents of the car to guard against later claims that items are missing from the vehicle.
  #5  
Old 09-23-2001, 12:33 AM
powers,maximum
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unreasonable search


if your husband was pulled over for a tail light being out. and recieved a ticket, they had probable cause for what they deemed necessary.
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