Legal Question in Civil Rights Law in Georgia

Fifth amendment and probable cause.

A subject is pulled over for a minor traffic violation and questioned by a police officer. During the questioning, the subject excercises his Fifth Amendment right, does this give the officer probable cause to conduct a warrantless search of the subject's vehicle?


Asked on 3/29/06, 8:26 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Fifth amendment and probable cause.

No, but there might have been other factors that permitted the search.

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Answered on 4/07/06, 10:42 am


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