Legal Question in Criminal Law in Indiana
When is a traffic stop legally over?
Is a traffic stop legally over after an officer issues
a warning or citation; or can an officer search you or your vehicle after he issues the citation?
2 Answers from Attorneys
Re: When is a traffic stop legally over?
In traffic stops the courts give the police a great deal of latitude as far a a search is concerned. I would not think that a court would go on record saying that a search would be waived once a ticket is written. Sometimes the cops see something that gets their interest and prompts a search. You have to keep in mind that the judge and the prosecutor work for the same boss, the taxpayer. Even though the judge is to be impartial, it is a fact that judges try to enforce the law, not just interpret it.
Re: When is a traffic stop legally over?
If a police officer is without a search warrant, there exist circumtances under which a court will permit a search.
Some of these would include where the the officer is able to spot something in plain view which gives rise to believe it is evidence of a crime, he/she may search. If the vehicle is impounded, an inventory search is allowed. If the police ask for consent to search and you give it, the officer may search. There are a couple of other situations, but these would seem to apply to the facts given.
Any evidence found as result of the above could very well stand up to a challenge in the courts.
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