Clown-Free Zone... sorry, no clowns allowed Message Board

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Pastimes : Clown-Free Zone... sorry, no clowns allowed

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To: Mike M2 who wrote (33533)	11/3/2000 11:25:27 AM
From: Ilaine	Read Replies (1) of 436258

The police have the right to conduct a warrantless search of an automobile when the driver is being arrested, but not when he is merely being issued a citation. Knowles v. Iowa, 525 U.S. 113 (1998). The rationale is officer safety, if a person is being arrested he may become violent in order to get away, but not if he is merely being given a citation. I had to look that one up because the law on that topic is in constant flux. They also have the right to do a warrantless search to get evidence, and the law on that is very complex, it has to do with open containers and plain view and so forth. The officer has the right to briefly pat down a suspect if he has reasonable suspicion that the suspect may be armed, that's Terry v. Ohio and I don't have to look that one up. The police have the right to do an inventory search of a car that is being impounded. But my point is that you should never consent because then you can never challenge probable cause. They may do it anyway, but if you don't consent your lawyer will have something to work with.

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