Legal Question in Constitutional Law in Pennsylvania

Traffic Stop Searches

I was wondering what the specifics were on how a cop can search your car in Pennsylvania (mainly Bucks County), if i state, ''office, i do not consent to a seach'', what gives the cop the right to make me get out and search my car?

also, if i do consent to a search and step out of the car so that they can search it, can i still refuse them to search my person? and what about glove boxes and trunks, if they are locked can the cop make me open it if i'm not yet under arrest?


Asked on 10/31/05, 8:50 am

1 Answer from Attorneys

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Traffic Stop Searches

Generally, the police need a warrant to search a car if it is not consented to. There are narrow exceptions to this rule.

If they ask you out of the car, they may search you for their own safety, e.g., to make sure you don't have a weapon.

Let me know about the specifics of your situation if you desire.

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Answered on 11/01/05, 9:55 am


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