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?
1 Answer from Attorneys
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.
Related Questions & Answers
-
Juvenile Traffic Court My son was hit by a vehicle while riding his bicycle. The... Asked 6/10/07, 4:30 pm in United States Ohio Traffic Law
-
Minor with traffic violation My son 17 yrs got a ticket speeding 68 in a 45 he has... Asked 6/06/07, 7:55 am in United States Ohio Traffic Law
-
Speeding violations my boyfriend has his 4th speeding violation in a year, what is... Asked 6/04/07, 1:52 pm in United States Ohio Traffic Law
-
Jury Trial Is there any situation in which a jury trial might be held for a traffic... Asked 5/30/07, 11:13 pm in United States Ohio Traffic Law
-
Speeding Is a police officer allowed to set on the side of the road hidden from... Asked 5/30/07, 9:29 am in United States Ohio Traffic Law