police conficate car to search for contraband

The Court ruled that a search of the interior of the car was not reasonable because Gant was not in the car within reach of any weapon. After handcuffing Gant and placing him in the patrol car, the officers then searched his car and found a bag of cocaine in the pocket of a jacket on the backseat. In the 2009 case, officers pulled Rodney Gant over and arrested him for driving on a suspended license. The Supreme Court Limits Searches Allowed in Routine Traffic Stops An inventory search is allowed when the police arrest a driver and impound the car (to list the items in the car in order to avoid civil liability for the loss or damage of the car owner's property). A probable cause search is allowed where the police have a reasonable belief that a weapon or evidence of the crime for which they stopped the driver may be found (this search would include a pat-down of the driver for weapons or contraband). A 'search incident to arrest' allows a search of the immediate vicinity of the driver (in other words, where the driver can reach inside the car) when the police have grounds to place the driver under arrest. In general, there are three types of vehicle searches. Essentially, the scope of the search depends on the reason the police stopped the car and the circumstances involved. In 2009, the Supreme Court handed down a decision that clarified (somewhat) how far a police officer can go in searching a vehicle after pulling it over. However, under the Court's decisions, your car carries fewer protections against searches than your person or your home. The Court extended the constitutional protection against unreasonable searches to include a person's vehicle. Supreme Court had to adjust the boundaries of the Fourth Amendment right to deal with a new zone of personal privacy. Once the Model T rumbled onto American roads, the U.S. This concern is addressed in the Fourth Amendment, which aims to prevent police officers from rifling, at will, through a person's private effects. The drafters of the Constitution were concerned with unreasonable bodily and home searches. How thorough that search can be will depend on many factors. But an officer who pulls you over may be able to search your car without a warrant under certain circumstances. Your right to be free from unreasonable searches is enshrined in the Fourth Amendment to the Constitution. This article discusses how the law defines what is reasonable and unreasonable under the circumstances. You have fewer constitutional rights against searches of your car than of your person or home, but even in a car, you are protected against unreasonable searches.

Police conficate car to search for contraband