Nys case law for vehicle searches

This article is based on U. Constitutional law as interpreted by the U.

Supreme Court. When police stop a vehicle, it is considered a seizure for Fourth Amendment purposes. And for a vehicle search to be justified, the initial stop must have been lawful.

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In most situations, the legality of a traffic stop turns on whether police had reasonable suspicion to believe the driver broke the law. If police had no legitimate reason to pull the driver over, the stop—and subsequent search—are illegal. There are only limited circumstances— immigration and DUI checkpoints for example—that allow law enforcement to detain vehicles without reasonable suspicion. Police must have probable cause that the car contains evidence of criminal activity like drugs or illegal weapons to conduct a search. But there are several exceptions to the probable cause rule.

For instance, police can search a car if the driver consents. Before long, Americans had their fill of tyranny and took action.

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So, the Declaration of Independence was written and a massive war broke out. At a great cost of life, America won the war.

  1. Reasonable Suspicion.
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We became an independent nation. We formed the constitution in an effort to form a more perfect union between the government and its citizens. One of the most important amendments to the constitution is the 4th amendment, or law.

New York City Arrest & Probable Cause

It states:. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause , supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In other words, before police can get a warrant to search your home, they need a reason to do so.

europeschool.com.ua/profiles/vapidibib/el-tiempo-en-fatima.php A judge must look over the warrant and give permission to the police to perform the search before they proceed. If police unlawfully search your home, office or vehicle any evidence they discovered may not be permitted in court.

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There are exceptions to this law. If you are driving your car down the street and are pulled over for swerving all over the road, the police have probably cause to immediately search your vehicle.

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  • Unsafe driving, the scent of drugs or criminal paraphernalia left in plain sight also gives police probably cause to search your vehicle. Only after police have probable cause can they make an arrest. When they have probable cause, it means that they believe they have enough evidence built up against you to put you in prison.

    Oral Argument UNITED STATES OF AMERICA v. RUBEN PENA-GONZALEZ [vehicle searches]

    Upon your arrest, police will interrogate you.