Legal Question in Criminal Law in Washington

Search and siezure

I was a passenger in a van that was pulled over. The tabs were expired. The driver was driving while suspended and had 2 warrants. I was liscened, seat belted, and dispatch came back with my info. Clear no warrents. The officer asked me to step out of the van, which i did. The driver, officer, and i talked about me driving the van home. The driver tried to give me the keys, the officer said put them on the hood he would give them to me.I had been standing outside the van 10 to15 min. The officer then asked me to stand aside. I said i'll stand over here and pointed a near by spot. The officer turned away toward the van and then turned back to me asking if his partner had patted me down. I said no. He said i'll have to do that . I asked why. He said for officer safety. I have read about the terry stop rule. Did he have the right to search me ? If so why.


Asked on 5/04/08, 4:10 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Search and siezure

You've read the "Terry stop rule" (from Ohio v. Terry, if you want to read the case). It is possible that he had no right to search you since, as a passenger, you were free to go at that point. However, given that you were not leaving, but waiting to take the van, he'd be allowed to search you for officer safety. Did he find anything?

At your service,

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Answered on 5/05/08, 5:48 pm


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