Legal Question in Criminal Law in Rhode Island
Searchig a vehicle illegally
If a policeman stops you for not using an indicator to change lanes, can he search your vehicle without your permission? Does the officer first have to have probable cause?
1 Answer from Attorneys
Re: Searchig a vehicle illegally
A police officer does have to have probable cause to search the vehicle. However, he
can
get probable cause from viewing something in the car that is in plain view that causes
him to
have probable cause. He could obtain information from a radio check on the license
and
registration that creates authority to arrest or probable cause for a search. However,
minor
traffic infractions, without additional information does not constitute probable cause for
a
search of a motor vehicle.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road