Legal Question in Criminal Law in Colorado
Probable cause for search of vehicle durring traffic stop.
In 09/03 i was stopped,i pull my truck into a private apartment complex parking lot & parked in a parking space. The cop comes up & saidI pulled you over because your tags r expired,can I see your license,registration and insurance card?I gave him my license and my 8 month expired registration but I cant find my insurance card,he said he can look it up on the computer in his car.When he came back he informed me that the computer shows that my insurance was up to date but my license was suspended do to a unpaid traffic ticket.then another patrol car shows up.Then both cops come up to my truck one on each side,looking into my truck,he then asks if I have anything on me or in my truck?I told him no,then asked if they could look around inside,I told him no.He then said why cant i look?I said Im not hiding anything i just dont want you going through my truck.they then asked me to get out & put my hands up.They searched me,i asked whats going on they said that they are impounding my truck for expired plates,suspended license and no proof ins.So now they can search vehicle,he called it preimpound inventory check.inside they foundenough to charge me with poss& dist& manufacture of schedule 2 &poss chem &poss precurser IS THIS LEGAL?
1 Answer from Attorneys
Re: Probable cause for search of vehicle durring traffic stop.
First, the Cop needs reasonable suspicion to stop you. The expired tags provide that. Next, they need probable cause to believe you committed, or are committing a crime. The suspended license information gives them PC to arrest. Then the search: they did not have your consent to search. good. Along with taking you into custody, they can do an inventory search. But that search does not allow them full access to your truck. How far into your truck did the search extend? Did they get a warrant after they found the first item?
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