Legal Question in Criminal Law in Colorado

What is reasonable cause for search

What exactly is reasonable cause for search when you get pulled over by a cop? Is it blood shot eyes, smell, what?


Asked on 2/09/01, 12:52 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: What is reasonable cause for search

A "pat-down" and "vicinity" search may be conducted by law enforcement without a warrant to ensure there are no weapons handy. This search is limited to the persons of the occupants and the area within their immediate control in the passenger compartment.

Grounds to suspect the driver of being intoxicated include slurred speach, blood-shot eyes, and the odor of an alcoholic beverage. Red eyes and the odor of marijuana will also qualfiy.

Grounds to search the vehicle for drugs must be based upon a reasonable suspicion supported by objective evidence that there is reason to believe there are illegal drugs in the vicinity, that obtaining a warrant is not practical under the circumstances, and that the drugs/vehicle would disappear if left unsearched.

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Answered on 3/21/01, 10:14 am


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