Legal Question in Traffic Law in Ohio

probable cause and/or search and seizure on a suspended license

is it legal for an officer to physically enter pockets if they have no probable cause and the person is driving under a suspended license?


Asked on 6/18/07, 12:20 am

1 Answer from Attorneys

Bradley Miller Miller Law LLC

Re: probable cause and/or search and seizure on a suspended license

If the person has been placed under arrest, the officer may search the entire inside of the automobile, including the possessions of the driver.

If no arrest has been made but the officer has probable cause to believe there may be contraband (includes drugs), criminal tools (includes weapons), or evidence of a crime (includes possession of drugs) inside the automobile, the officer may search the entire automobile and the occupants inside.

If an officer has a reasonable suspicion that criminal activity has or is occurring, or believes a person may be armed, the officer may conduct a pat down and search pockets.

In an instance such as the one you described, the search of the contents of the pockets of the person is probably legal. In such an instance however, I would suggest speaking with an attorney who can listen to the entire story and give a more precise answer.

If you have any further questions, feel free to contact me.

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Answered on 6/18/07, 3:43 pm


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