Legal Question in Criminal Law in Missouri

My boyfriend and I were pulled over for "swerving in the lane". They then proceeded to ask to search the car and we let them. Now our 18 month old son was in the car. They had physically searched myself,my boyfriend, and then asked to search our 18 month old son. We said that this is not right, but they said the have to. Are they leaglly able to search a small child, and take them out of their car seat on the side of the interstate in danger of another car hitting us? How can a routine traffic stop with no evidence of drugs become a drug stop, requesting searches and k-9 backup?


Asked on 12/14/09, 11:31 am

1 Answer from Attorneys
Sean Santoro Santoro Law Office

Police can search incident to an arrest, with a warrant, or if permission is granted. Assuming your intital stop was proper, the police must have reasonable suspicion that a crime has occurred before a traffic stop can become a full blown search and seizure.. Did the police say they smelled drugs? Did you admit to drinking or doing drugs? It is the leap from traffic stop to search that I am unclear on. As to searching the child, the above rules apply, with the added proviso that the police are entitled to examine a child in an auto, or even take it into protective custody, if a parent has been arrested for DUI or certain other crimes that would place the child in danger. You did not say if this was the case. Feel free to email me with more information if you want to look into this further.

Sean Santoro.

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Answered on 12/21/09, 12:14 pm


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