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08-25-2016, 08:34 PM #1Charlie 1Guest
Can a smart PO answer this ?
Officer Bird was patrolling downtown Center City late Saturday night. Primarily, she was on the lookout for drunk drivers after the bars closed, but violent incidents were on the rise in the area, so she was also looking for suspicious activity. She had just pulled over across the street from the Central Pub when a red sports car went speeding by. Officer Bird turned on her siren and pursued the sports car. The car pulled over, and Officer Bird approached the vehicle. When she got to the door, she noticed the driver shoving something under the front seat. She rapped on the window, and the driver, visibly angry, rolled it down. “What?” he said. Officer Bird told him to step out of the vehicle. The driver slammed the door and stepped toward Officer Bird. She then ordered him to turn around and place his hands on the roof of the vehicle. The man swore, but he complied. Officer Bird did a weapons pat-down and did not find a weapon. “OK, Sir, now I need to see some identification.” When the man handed over his license, she saw that his name was Alejandro Quintana. Before running his license, she shined her flashlight in the sports car. Sticking out from under the front seat, she saw a revolver. She seized it. In addition, she also saw a small bag containing a white powdery substance next to the revolver. She seized that as well. “You should see what’s in the trunk,” Quintana said menacingly. Officer Bird just placed Quintana under arrest, and did not check out the trunk.
What are the grounds for a lawful vehicle search after a traffic stop?
What Supreme Court decision(s) governs this activity?
Did Officer Bird’s actions (search and arrest) satisfy the constitutional requirement(s)?
Could Officer Bird have legally searched the trunk? Why or why not?
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08-25-2016, 08:53 PM #2UnregisteredGuest
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08-25-2016, 09:42 PM #3UnregisteredGuest
And next time you're running around with a face and car full of coke, you might want to close your imbecile mouth. "What?" Another self righteous asshole with an attitude. My only regret reading this story is that the officer didnt ***** slap the narcissist party boy. Oh well, maybe next time..
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08-25-2016, 11:55 PM #4UnregisteredGuest
I call BS
Oh please why didn't the story teller say the license read, "John Doe" or "Smith"?
He might as well have said it read, "Joaquín Archivaldo Guzmán Loera" AKA "El Chapo"
This guy's looking for the old profiling "driving while possibly an illegal alien" civil-rights violation.
Irregardless this dummy wanted her to open his trunk because he wanted her to find the Fast and Furious stash of weapons or drugs, smuggled illegals over the border, or a dead body (human or chicken, who cares) that of course wasn't there ergo Cha-Ching LAWSUIT! The Johnny Cochran Law Firm.
He was so sad she didn't. Imagine that, a cop following the rules.
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08-26-2016, 12:04 AM #5UnregisteredGuest
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08-26-2016, 02:28 AM #6UnregisteredGuest
Vehicle speeding by does not justify a stop. Was she running radar or did an appropriate pace clock? If she did, then the firearm is plain view. Under the seat is a 790 violation - on or about ones person/readily accessible. There is no more searching a vehicle anymore (Carol Doctrine) unless it is for officer safety. If he is already secured then there isn't a safety issue anymore (2014 case law). However, she can do an inventory of the vehicle including the trunk for towing purposes.
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08-26-2016, 06:30 PM #7UnregisteredGuest
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08-26-2016, 09:54 PM #8UnregisteredGuest
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08-26-2016, 09:59 PM #9UnregisteredGuest
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08-27-2016, 03:32 AM #10UnregisteredGuest
How about don't have drugs in your car douche...too bad your dumb, speeding, probably high ass didn't get into a single car wreck and die.
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