Legal Question in Criminal Law in New Jersey

probable cause

what is probable cause to seach passinger of vehicle if driver is cleared an every thing comes back clear


Asked on 2/12/09, 11:31 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: probable cause

It all depends on all the facts and circumstances, but generally, a patdown of the passenger for safety purposes might be allowed under certain circumstance. On the other hand, on it's face, the search seems unlawful.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 2/13/09, 4:42 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: probable cause

The police often come up with any excuse they can think of to justify their search of a person in a car, but that does not necessarily mean that it is a valid search. Generally the police do NOT have the right to search the passenger of a car if the driver did not have anything against him, but I would have to see the police report in your case before I could give you a definite answer about the probably cause in your situation. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 2/13/09, 1:33 pm


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