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Speeding??

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bigmama

Guest
I would like to know if it is legal to search a person and their car if you stop them because you say they were going 5 miles over the speed limit. My husband was stopped supposedly because he was going 50mph in a 45mph zone. He is a 21yr old black man and drives a nice car. it was 12 midnight and he was coming home from work and got stopped. THe officer proceeded to ask him if he had any drugs or weapons on him and he said no. then the officer searched him and his car but he didn't search the other passenger in the car. Is it legal for him to search him when he had no probable cause????
 


M

makanai

Guest
Under the facts you have given, this is my response:

Upon pulling a person over with reasonable suspicion (in this case, exceeding the speed limit), officers may conduct too types of searches. One, they can Plain-Sight search the interior of the car (that is, they can look into the car for anything that is in plain sight). They may also do a "Terry Search", which means they may pat down the clothing of the defendant to assure that the defendant is not armed.

They may not search the interior compartments of the car, or any baggage, etc. carried by the person without probable cause. Thus, it depends on how intrusive the search of your husband was.
 

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