Legal Question in Traffic Law in Tennessee
Probable Cause for searching my vehicle....
Please help me!!
My friend and I were driving through Tennessee on a long trip. My friend was driving, and he got pulled over for speeding. When he gave his license to the arresting officer, the officer scanned it and it came back as being suspended. They asked him to step out of the car. Then they came to my side, and asked me for my ID. I gave it to them, and they returned to me and asked me to step out of the car also, apparently I matched the description of a fugitive. When I showed them my arms didnt have any tattoos(the identifying marks on the fugitive) they told me to remain outside of the car, and they proceeded (without either mine or my roomate's permission) to search the car, finding some drugs that I had in there. My question is this: Since I had shown I was not the fugitive, and the driver just had a suspended license, did they have any reason to search the vehicle, and would there be any probable cause or reasonable suspicion necessetating a search of the car? Thank you for your help.
1 Answer from Attorneys
Re: Probable Cause for searching my vehicle....
This is a very tricky and highly technical area. You need in-depth analysis by a competent criminal lawyer who is conversant with the full details and facts of the search.
Generally, law enforcement may conduct a pat-down search of automobile occupants and a visual search of the compartment to check for weapons and ensure officer safety. This right usually does not extend to closed containers such as suitcases, without a warrant. If drugs and in plain view, they may be seized.
If the question has real significance to you, obtain a review by a competent professional.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
