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Passenger Rights Question

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Scott Lavalley

Junior Member
What is the name of your state (only U.S. law)? - New Hampshire

If a car is pulled over for following to closely, and there is a passenger in the car with a valid licence, however the driver had an invalid licence. If upon finding this the police officer brings the driver to the front of the car, performs a search, questions the person, and asks to search the car (usually indicating he has no reasonable suspicion), from what I've read, does the officer have the right to search the passengers bag/purse during the search of the car if the search is permitted by the driver. Even after the passenger used her legal right (as stated in the supreme courts 2007 decision stating passenger have the same rights as the driver) having asked to have her purse upon being asked to step out of the car. Nor did he ask her if he could search the bag which goes against that court decision? Can he refuse her her belongings? If she gave no permission to search the bag, and proved not to be a threat, (shes 7 months pregnant...)
 


Scott Lavalley

Junior Member
Approximately 2 grams of marijuana which was infact mine which she had just put in her purse I had not been smoking in the car that day and hadn't for about a week and I always have my windows open so smell is not an issue I'm almost certain he had no probable cause to begin with. so was her purse unlawfully searched.
 

cyjeff

Senior Member
Typically, anything in the car is assumed to be the property of the driver.

There is not a cop on the planet that is going to allow "Well, you can search everywhere but HERE". Especially a purse... especially a purse that could hold a weapon.
 

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